LIBRARY 

OK   THE 

UNIVERSITY  OF  CALIFORNIA. 

OIKT  OK 


Received 
Accession  No.,,  . 


,  igo 


DIGEST    OF    LAWS 


• 


FREE   SCHOOLS 


STATE  OF  ARKANSAS, 


FORMS  FOR  USE  OF   SCHOOL  OFFICERS, 


COMPILED  AND  ANNOTATED  BY   JUNIUS  JORDAN,  SUPER- 
INTENDENT OF  PUBLIC  INSTRUC'I!- 


BY 


LITTLE  ROCK,  ARK. : 
THE  BROWN  PRINTING  COMPANY 

1895 


DIGEST    OF    LAWS 


RELATING  TO 


FREE    SCHOOLS 


IX    TIIK 


STATE  OF  ARKANSAS, 


AX  I) 


FORMS  FOR  USE  OF    SCHOOL  OFFICERS, 


•  COMPILED  AND  ANNOTATED  BY   JUNIUS  JORDAN,  SUPER- 
INTENDENT OF  PUBLIC  INSTRUCTION. 


BY    AUTHORITY. 


LITTLE  ROCK,  ARK.: 
THE  BROWN  PRINTING  COMPANY. 


R-ga 


CHAPTER    CXXXIX 

OF 


SAN  DELS  3d  HILL'S  DIGEST. 


SECTION 

FREE  SCHOOLS — SUPPORT  OF. 

6930.  The  state  ever  to  maintain  free  schools  ;   who  may  receive  gratuitous  in- 

struC'ion. 

6931.  State  taxes  for  support  of;  limit;  per  capita  tax;  additional  taxation  may 

be  in  school  districts  ;    limit. 

COMMON   SCHOOL  FUND. 

6932.  What  moneys  and  other  property  constitute  this  fund;  to  be  invested. 

6933.  County  courts  may  place  certain  funds  to  credit  of  school  districts,  when. 
6634.  Principal  arising  from  sale  of  sixteenth  sections  shall  not  be  apportioned 

or  used. 

6935.  Certain  townships,  when  not  entitled  to  proceeds. 

6936.  Income  of  fund  and  per  capita  tax,  how  appropriated. 

6937.  Auditor  to  draw  warrant  on  treasurer  for  school  revenues   due  the  coun- 

ties, when. 

6938.  County  collector    to    collect  per  capita  tax  and  pay  into  county  treasury. 

when  and  how. 

6939.  Debts  due  the  fund  by  estates  preferred. 

6940.  No  costs  to  be  charged  in  suits  for  dues  to  the  fund,  when. 

COMMISSIONERS    OF    SCHOOL    FUND. 

6941.  Board  of  commissioners,  who  compose;  when  and  where  to  meet. 

6942.  Governor  to  be  president  of  board. 

6943.  Superintendent  of  public    instruction  to  be    secretary  and  keep  record  of 

proceedings;  copy  of  record  to  be  evidence. 

6944.  Board  to  invest  fund  in  bonds. 

6945.  Suits  for  moneys  due  the  fund    may  be    in  any  court   having  jurisdiction, 

when ;  board  may  direct  officer  to  prosecute  suit. 

6946.  All  moneys  accruing  to  the  fund  to  be  paid  into  treasury;  how  paid  out. 

6947.  Auditor  accountant  for  board  ;  to  make  report,  when  and  to  whom. 


82735 


4  SCHOOL    LAWS. 

6948.  Auditor  to  draw  warrants  on  the  fund  to  pay  for  investments,  when. 

6949.  Treasurer  to  pay  such  warrants  and  keep  in  treasury  all  securities  so  pur-- 

chased. 

6950.  Board  to  make  settlements  with  the  state  treasurer,  when. 

SUPERVISION    OF   PUBLIC    SCHOOLS. 

6951.  General  assembly  to  provide  officers  for. 

STATE    SUPERINTENDENT    OF    PUBLIC   INSTRUCTION. 

6952.  When  elected 

6953.  Oath  of. 

6954.  To  have  general  superintendency  of  the  schools  of  the  state, 

6955.  Office  to  be  at  Little  Rock  ;  have  all  books,  etc.,  of  his  department  there, 

and  of  all  the  business  of  his  office  keep  a  record. 

6956.  6957,  6958,  6959,  6960,  6961,  6962,  6963.     Duties  and  powers  of. 

6964.  Report  to  governor,  when. 

6965.  Governor  to  transmit  report  to  general  assembly. 

6966    Superintendent  to  have  his  reports  published  and  distributed. 

6967,  6968,  6969,  6970,  6971.  •  Powers  and  duties;  further  specifications  of. 

6972.  Vacancy  in  office  of  superintendent,  how  filled. 

6973.  Superintendent  or  examiner  acting  as  book  agent,  or  receiving  pay  for  in- 

fluence, guilty  of  misdemeanor. 

6974.  Superintendent  may  grant  state  certificates  to  any  person  passing  an  ex- 

amination. 

6975.  May  prepare  list  of  text-books  and  recommend  same. 

6976.  Impression  of  superintendent's  seal  of  office  to  be  furnished  to  secretary 

of  slate. 

6977.  Documents,  etc.,  in  superintendent's  office,  how  to  be  authenticated. 

6978.  To  prepare   forms  for  grades  of  certificates  to  teachers,  school  registers, , 

reports  of  directors  and  examiners. 

DISTRICT   NORMAL   SCHOOLS. 

6979.  6980,  6981,  6982,  6983,     Changed  to  county  normals  by  act  of  April  20, 

1895. 

SCHOOL  DISTRICTS. 

6984.  Repealed. 

6985.  When  change   proposed,  notice    to    be  given ;    how,  where    and    when 

posted. 

6986.  Schools  to  be  body  corporate;  name  of;  corporate  powers. 

6987.  To  have  property  in  corporate  name. 

6988.  No  district  to  be  formed,  nor  old  one   reduced,  so  as  to  contain  less  than, 

thirty  persons  of  scholastic  age. 

6989.  County  court  may  form  new  districts  or  change  boundaries;  when. 

6990.  Such  territory  to  have  requisite  children  or  property. 

6991.  Proportional  share  of  debt  to  be  adjusted. 

6992.  Proportionate  share  of  surplus  fund  to  be  adjusted. 


SCHOOL    LAWS.  5 

APPORTIONMENT  OF  SCHOOL  FUND. 

•6993.  County  court  to  apportion  school  revenue  to  the  districts;  rule. 

6994.  New  districts,  when  and  how  to  be  apportioned. 

6995.  County  examiners  to  report  number  of  residents  in  each  district. 

6996.  County  clerks  to  lay  reports  before  the  court. 

6997.  Counties  losing  funds  by  change  of  boundaries,  to  be  reimbursed. 

6998.  Amounts  thus  paid  deducted  from  share  of  what  counties. 

6999.  Auditor  to  draw  warrant  for  county's  share  of  school  fund,  when. 

COUNTY  EXAMINERS. 

7000.  How  appointed,  commissioned,  etc. 

7001.  Appointments  heretofore  made  validated. 

7002.  Oath  of. 

7003.  To  stand  examination  before  entering  on  duties. 

7004.  No  one  to  fill  the  office  of  examiner  and  school  director  at  the  same  time. 

7005.  Clerk  to  notify  superintendent  of  appointment,  etc. 

7006.  Superintendent  to  examine,  or  appoint  some  one  to  examine  him  ;  ques- 

tions to  be  used. 

7007.  Salary  of;  limit  to. 

7008.  Examiner  not  to  examine  applicant  till  fee  is  paid  to  treasurer,  etc. 

7009.  Duty  of  examiner. 

7010.  Examination,  what  to  consist  of. 

7011.  Examiner  to  give  certificates  according  to  grade  to  those  entitled. 

7012.  Shall  not  license  certain  persons  described. 

7013.  May  cite  for  re-examination  and  revoke  licenses  ;  when. 

7014.  Effect  of  such  revocation. 

7015.  Additional  examination  in  regard  to  land  surveys. 

7016.  Failure  to  teach  the   instructions  required   in  preceding  section,  cause  to 

revoke  licenses. 

7017.  To  issue  three  grades  of  certificates. 

7018.  To  keep  record  of  teachers  licensed. 

7019.  To  encourage  inhabitants  to  establish  public  schools;  report  to  state  sup- 

erintendent condition  of  schools  in  his  county,  etc. 

7020.  Annual  report  of,  what  to  contain. 

7021.  To  number  the  school  districts  and  keep  record  and  description  of  each. 

7022.  May  appoint  person  to  hold  institutes  and  examinations,  when. 

7023.  County  judge  may  remove  examiner  and  appoint  successor,  when. 

7024.  Examiner  failing  to  perform  required  duties  ;  forfeiture. 

7025.  Examiner  to  present,  and  may  have  allowed,  by  the  county  court,  an  ac- 

count; of  what ;  how  much  allowed. 

7026.  How  paid. 

ANNUAL   SCHOOL   MEETING. 

7027.  7028.     When  held ;  who  may  vote. 
7029.  Quorum;  routine  of  business. 


O  SCHOOL    LAWS. 

7030.  Annual  district  election,  how  held ;  judges  and  clerks  of. 

7031.  Ballot,  form  of ;   returns,  how  made. 

7032.  Result  of  election  to  be  delivered  to  county  clerk. 

7033.  County  court  to  open  returns  and  determine  amount  of  taxes  voted. 

7034.  Taxes  so  voted,  how  levied  and  collected. 

SCHOOL    DIRECTORS.. 

7035.  When  elected  ;  term  of  office. 

7036.  Judges  to  give  certificate  within  five  days ;  director  to   qualify  within  ten» 

days  thereafter ;  filing  certificate  and  oath. 

7037.  Oath  of  office,  by  whom  administered. 

7038.  7039.  Refusal  to  qualify  as  director,  forfeiture ;    failing  to  perform  duties 

of  his  office,  forfeiture. 

7040.  Vacancy  in  office  of  director,  how  filled. 

7041,  7042,  7043.  Directors,  board  of;  duties  and  powers. 

7044.  Month,  meaning  of,  in  school  law. 

7045.  Directors  may  expend  annually   not    more    than    twenty-five    dollars  for 

charts,  etc. 

7046.  7047,  7048,  7049,  7050,  7051.  Directors,  board  of;    further  specification 

of  duties  and  powers. 

7052.  Warrant  drawn  by  directors  ;  county  treasurer  to  pay. 

7053.  Directors  to  give  notice  of  annual  school  meeting  ;  contents  of  notice. 

7054.  7©S5-  Director,  one  to  be  clerk  at  all  district  meetings,  and  keep  record  of 

proceedings;  also  to  keep  the  yearly  accounts  of  the  district. 

7056.  Directors  to  report  to  county  clerk  the  officers    elected    and    amount   of 

money  voted  at  annual  meeting. 

7057.  Directors  to  report  annually  to  county  examiner;  contents  of  report. 

7058.  Directors  failing  to  make  this  report,  liable  in  damages. 

7059.  Directors  to  settle  annually  with  county  treasurer. 

7060.  7061.  Directors  may  suspend  any  pupil  for  cause;  may  permit  older  per- 

sons to  attend  school. 

7062,   7063,  7064.  County  court  may  transfer  scholars  to  an   adjoining   district, 
when ;  regulations  concerning  such  transfer. 

7065.  Directors  may  permit  private  school  to  be  taught  in  district  school  house,, 

when. 

7066.  Directors  may  cause  schobls  to  be  closed,  when. 

7067.  Directors  and  examiners  exempt  from  road  work. 

7068.  Neglect  to  report  tax  levied  at  annual  meeting  liability  for  loss  ;  fine. 

7069.  Directors  to  furnish  county  clerk  with  list  of  all  persons  owning  property 

in  the  district  liable  to  pay  special  tax,  when. 

7070.  Neglect  of  any  duty  under  school  laws,  fine  for. 

TEACHERS. 

7071.  Must  have  certificate  and  license  to  teach,  or  not  entitled  to  pay. 

7072.  Must  keep  daiiy  register. 


SCHOOL    LAWS.  7 

7073.  Duty  of,  to  attend  teachers'  institute. 

7074.  Not  to  permit  sectarian  books  to  be  used  in  school. 

7075.  How  paid  ;  preference  of  claim 

7076.  To  return  register,  else  pay  stopped. 

TRESPASS   ON   SCHOOL   HOUSE,    ETC. 

7077.  Injuring  school  house,  fixtures,  etc.,  fine  for. 

SCHOOL  WARRANTS — DISBURSEMENT   OF   FUNDS,   ETC. 

7078.  County  collectors  and  treasurers  not  to  be  interested  in  school  warrants. 

7079.  District  school  tax  payable  in  warrants  of  district. 

7080.  County  treasurer  to  keep  register  of  school  warrants,  how. 

7081.  County  treasurer  to  give  notice  of  receipt  of  school  funds;  how  such  funds 

paid  out. 

7082.  Officer  failing  to  comply  with  act,  punishment. 

7083.  Director  fraudulently  issuing  warrant,  punishment. 

7084.  County  treasurer  to  report  school  funds  received  by  him,  disbursements 

and  balance  in  treasury,  when. 

7085.  Orders  of  directors  to  be  presented  to  treasurer,  when  ;  order  of  payment. 

7086.  If  not  paid,  how  indorsed  ;  record  of  such  warrants. 

VIOLATION    OF   SCHOOL   LAWS— DUTY  OF   PROSECUTING   ATTORNEYS. 

7087.  Prosecuting  attorneys,  when  school  laws  are  violated,  to  bring  offenders  to 

trial  ;  compensation;  costs  in  such  cases. 

SPECIAL   ACTS   FOR   SCHOOLS   IN   CITIES   AND  TOWNS. 

7088.  Cities  and  towns  may  be  special  districts. 

7089.  7090.  Procedure  to  adopt  the  act  and  elect  directors. 

7091.  Election  in,  when  and  how  held. 

7092.  By  whom  held,  duties,  compensation  and  oath  of  judges  and  clerks. 

7093.  Polls,  when  opened  and  closed. 

7094.  If  a  regular  judge  fails  to  appear,  when  and  how  judge  elected. 

7095.  Wh6n  electors  vote. 

7096.  Returns  of  election. 

7097.  Duty  of  clerk;  duty  of  county  clerk. 

7098.  Directors,  when  and  how  to  qualify. 

7099.  Provisions  of  chapter  not  applicable. 

7100.  Board  to  organize,  how. 

7101.  Meetings  of  board;  quorum;  board  may  make  rules  for  its  own  govern- 

ment. 

7102.  7103.  Powers  and  duties  of  board. 

7104.  Warrants  on  the  county  treasury,  how  drawn  and  signed. 

7105.  Secretary  of  board,  duties  of,  compensation. 

7106.  Title  to  all  school  property  vested  in  city  or  town  as  a  school  district,  and 

to  be  under  control  of  directors. 

7107.  Name  of  district ;  corporate  powers;  style  of  board. 


8  SCHOOL    LAWS. 

7108.  Debts  of  former  districts  to  be  paid. 

7109.  Directors  failing  to  qualify  or  to  perform  their  official  duties ;  penalty. 

7110.  Board  of  visitors  and  examiners,  how  appointed;  term  of  office ;  appointee 

failing  to  perform  duties;  penalty. 

7111.  District  to  receive  full  share  of  school  fund. 

7112.  State  superintendent  to  make  suggestions,  etc.,  to  directors. 

7113.  Provisions  of  the  general  school  law;  when  to  apply  to  special  districts  ; 

county  court  may  annex  contiguous  territory,  when. 

II.     SCHOOL  LANDS. 
SECTION 

7114.  Inhabitants  of  any  congressional    township  may  petition  for  sale  of   six- 

teenth section. 

7115.  Duties  of  collector  on  receipt  of  petition. 

7116.  If  subdividing  no  tract  shall  contain  more  than  forty  acres. 

7117.  Collector  shall  cause  each  subdivision  to  be  appraised. 

7118.  Collector  shall  give  public  notice  of  time  of  sale. 

7119.  Collector  shall  offer  each  tract  separately.     Sale  shall  take  place  between 

the  hours  of  12  m.  and  3  p.  m.,  and  may  be  continued  from  day  to  day. 
No  tract  shall  be  sold  for  less  than  appraisement.  If  any  tract  remain 
unsold  collector  may  without  petition  sell  again,  giving  notice  of  sale. 

7120.  Collector  shall  report  sales  to  county  court. — If  sales  not  confirmed  court 

shall  direct  collector  to  advertise  and  sell  again.  Form  of  certificate  to 
be  given  to  purchaser.  Commissioner  of  state  lands  shall  make  deed 
on  presentation  of  certificate. 

7121.  Collector  shall  pay  all  costs  of  sales  out  of  proceeds. 

7122.  County  clerk  shall  ascertain  who  are  paying  taxes  on  the  sixteenth  sec- 

tions ;  other  duties. 

7123.  County  clerk  shall  keep  the  account  of  each  township  entitled  to  benefits 

from  this  act. 

7124.  Penalty  imposed  on  county  clerk  for  failing  to  keep  record. 

7125.  Collection  of  claims  due  common  school  fund;  authorizes  attorney  general 

to  employ  competent  attorneys  in  each  county  to  collect  claims  due  on 
account  of  sixteenth  section  ;  other  duties. 

7126.  State  treasurer  shall  place  to  credit  of  proper  county  all  moneys  received 

on  account  of  sixteenth  section  lands. 

7127.  State  treasurer  to  invest  money  and    place  accrued  interest   to   credit  of 

each  county. 

7128.  Accrued  interest  may  be  drawn  in  same  manner  as  now  provided  for  by  law. 

7129.  All  evidences  of  indebtedness  arising  from  sales  of  sixteenth  sections  shall 

be  turned  over  to  commissioner  of  state  lands. 

7130.  County  collectors  and  treasurers  shall  turn  over  to  state   treasurer  all  the 

moneys  in  their  hands  belonging  to  I5th  section  fund. 


SCHOOL    LAW'S.  9 

7131.  Commissioner  of  state  lands  shall   keep  record  of  all  deeds  made  for  six- 

teenth section  lands. 

PATENTS. 

7132.  Last  assignee  of  certificate  for  school  lands  entitled  to  deed,  when 

7133.  Auditor  to  execute  deed  for  school  lands  to  heirs  at  law,  when. 

7134.  Lands  so  conveyed,  to  stand  charged  with  amount  advanced   by   estate  to 

procure  title. 

7135.  Patents  issued,  and  all  official  acts  done  during  the  war  concerning  school 

lands,  made  valid. 

7136.  Rights  of  the  state  in  such  lands,  acquired  under  judgment,  etc.,  where 

deeds  had  been  made  to  purchasers,  vested  in  the  proper  owners  under 
such  deeds. 

7137.  Certain  suits  by  the  state  for  school  lands  to  be  dismissed. 

7138.  Commissioner  of  state  lands  to  make  deed  for  school  lands  paid  for,  and 

for  which  no  conveyance  has  been  made. 

LEASE    OF    SCHOOL    LANDS. 

7139.  Collector  to  lease  school  lands,  when. 

7140.  Manner  and  terms  of  leasing. 

7141.  Notice  of  leasing,  how  given. 

7142.  Leased  by  private  contract,  when. 

7143.  Occupants  to  pay  rent. 

7144.  Lessees,  rules  governing,  minimum  rent. 

I.     SCHOOLS. 

FREE     SCHOOLS — SUPPORT     OF. 

SECTION  6930.  Intelligence  and  virtue  being  the  safe- 
guards of  liberty,  and  the  bulwark  of  a  free  and  good  gov- 
ernment, the  state  shall  ever  maintain  a  general,  suitable 
and  efficient  system  of  free  schools,  whereby  all  persons  in 
the  state,  between  the  ages  of  six  and  twenty-one  years, 
may  receive  gratuitous  instruction. 

SEC.  6931.  The  general  assembly  shall  provide,  by  gen- 
eral laws,  for  the  support  of  common  schools  by  taxes, 
which  shall  never  exceed  in  any  one  year  two  mills  on  the 
dollar  on  the  taxable  property  of  the  state  ;  and  by  an  an- 
nual per  capita  tax  of  one  dollar,  to  be  assessed  on  ever) 
male"  inhabitant  of  this  state  over  the  age  of  twenty-one 
years,  Provide d%  The  general  assembly  may,  by  general 


IO  SCHOOL    LAWS. 

law,  authorize  school  districts  to  levy,  by  a  vote  of  the 
qualified  electors  of  such  districts,  a  tax  not  to  exceed  five 
mills  on  the  dollar  in  any  one  year  for  school  purposes. 
Provided,  further,  That  no  such  tax  shall  be  appropriated  to 
any  other  purpose,  nor  to  any  other  district,  than  that  for 
which  it  was  levied.  Art.  14.,  sees,  i  and  j,  Const. 

POWER   TO   TAX    FOR   SCHOOL   PURPOSES. 

The  state  is  the  source  of  authority.  "Every  muncipal  corporation  and  every 
political  division  of  the  state  must  be  able  to  show  due  authority  from  the  state 
to  make  the  demand." 

Cooley  on  Taxation,  474. 

School  districts  are  civil  corporations,   and   the  legislature   may   confer   upon 
them  the  power  to  tax  for  school  purposes. 
State  v.  Bremond,  38  Texas,  1 16. 

The  words  "public  schools"  are   synonymous   with    "common   schools,"    and 
mean    the   schools    created    by  law  and   maintained  at  the  public  expense,  and 
which  are  open  and  common  to  the  children  of  the  inhabitants  alike. 
Jenkins  v.  Andover,  103  Mass.,  94. 
People  v.  Board  of  Education,  13  Barb.  (N.  K),  490. 
Hotter t  v.  Sparks,  9  Bush,  259. 
Webster's  Dictionary,  Common  Schools. 
Henderson  v.  Collins  and  Jett,  Kentucky  Reports* 
Abbot? s  Law  Dictionary,  title,  Common  Schools. 

Taxation  for  public  schools  is  for  a  public  use  and  purpose,  and  public  educa 
tion  is  a  fit  and  appropriate  object  of  taxation. 
68  M.  £.,  582. 

Williams  v.  School  District,  33  Vt.,  271. 
Marshall  v.  Donovan,  10  Buck.  (Jfy.),68l. 
6  Coiven  (N.    K),  543. 
56  Pi.  St.  359;  22  Grattan  (  Va.},  857. 

There  can  be  no  taxation  in  aid  of  a  private  educational  institution  operated 
for  individual  profit. 

Curtis1  Admr's  v.  W hippie,  24  Wis.,  350. 
Philadelphia  Assn.  v.  Wood,  39  Pa.  St.,  73. 

That  a  school  building  was  larger  than  was  immediately  needed,  and  that  the 
vote  specified  among  other  uses  of  a  part  of  the  building,  that  of  holding  school 
society  meetings  and  lectures  therein,  does  not  vitaite  the  tax,  nor  authorize  a 
court  to  enjoin  the  same. 

Sheldon  v.  Centre  School  District,  25  Conn.,  224.  . 

Greenbanks  v.  Boutwell,  43  Vt.,  207. 
In  New  Hampshire  it  has  been  held  that  a  vote  by  a  school  district  to  remove 


SCHOOL    LAWS.          .  I  I 

and  repair  a  school  house  came  within  the  authority  granted  by  statute  to  raise 
money  "  for  erecting  and  repairing  school  houses." 

Bump  v.  State,  4  (N.  H.},  48. 

Taxation  to  support  high  schools  and  normal  schools  has  been  declared  proper 
and  lawful  unless  absolutely  restricted  by  the  constitution. 

Stuart  v.  School  District,  30  Mich.,  69. 

Report  U.  S.  Corner  Ed.  for  1876-7. 

Richards  v.  Raymond,  Supt.  Court  of  Illinois,  Nov.  10,  1879. 

Chicago  Legal  News,  Vol.\2,No.  n. 

Merrick   and  others  v.   Inhabitants   ef   Newburyport,   10   Metcalf 
(Mass.],  508. 

Briggs  et  al.  v.  Johnson  County,  Mo.,  4  Dillon  C.  C.  R.,  148. 

Commonwealth  v.  Dedham,  16  Mass.,  141. 

Commonwealth  v.  Sheffield,  n  Cush  (Mass.),  178. 

Jenkins  v.  Andover,  103  Mass.,  94. 

In  a  Massachusetts  case  it  was  decided  that  money  raised  for  the  support  of  a 
female  high  school  for  the  purpose  of  teaching  book-keeping,  algebra,  geometry, 
history,  rhetoric,  mental,  moral  and  natural  philosophy,  botany,  the  Latin  and 
French  languages,  was  lawfully  raised  by  taxation. 

10  Metcalf  (Mass.},  508. 

Because  a  constitution  expressly  names  free  schools  and  a  university,  and 
does  not  name  normal  schools,  is  no  constitutional  reason  against  taxation  to  es- 
tablish normal  schools. 

Briggs  v.  Johnson  County,  4  Dill.,  C.  C.  R.,  148. 

COMMON    SCHOOL    FUND. 

SEC.  6932.  The  proceeds  of  all  lands  that  have  been, 
or  hereafter  may  be,  granted  by  the  United  States  to  this 
state,  and  not  otherwise  appropriated  by  the  United  States 
or  this  state ;  also  all  moneys,  stocks,  bonds,  lands  and 
other  property  now  belonging  to  any  fund  for  purposes  of 
education  ;  also  the  net  proceeds  of  all  sales  of  lands  and 
other  property  and  effects  that  may  accrue  to  this  state  by 
escheat,  or  from  sales  of  estrays,  or  from  unclaimed  divi- 
dends, or  distributive  shares  of  the  estates  of  deceased  per- 
sons ;  also  any  proceeds  of  the  sale  of  public  lands  which 
may  have  been,  or  may  be  hereafter,  paid  over  to  the  state 
(congress  consenting) ;  also  ten  per  cent  of  the  net  proceeds 
of  the  sales  of  all  state  lands  ;  also  all  the  grants,  gifts  or 
devises  that  have  been  or  hereafter  may  be  made  to  this 


12  SCHOOL  LAWS: 

state,  and  not  otherwise  appropriated  by  the  tenure  of  the 
grant,  gift  or  devise,  shall  be  securely  invested  and  sacredly 
preserved  as  a  public  school  fund  that  shall  be  designated 
as  the  "  common  school  fund  "  of  the  state,  and  which  shall 
be  the  common  property  of  the  state,  except  the  proceeds 
arising  from  the  sale  or  lease  of  the  sixteenteen  section  (a). 
Act  December  7,  1873,  sec-  T- 

SEC.  6933.  The  county  courts  of  the  various  counties 
are  authorized  and  empowered  to  place  to  the  credit  of  the 
common  school  fund  of  the  county,  any  and  all  school 
funds  that  may  be  in  the  county  treasury,  derived  from  va- 
rious sources,  and  about  which  there  is  any  doubt  as  to  their 
proper  application  with  the  county  court,  and  that  said 
school  funds,  when  so  placed  to  the  credit  of  the  common 
school  fund,  shall  be,  by  said  county  courts,  apportioned 
among  the  school  districts  of  the  county  as  is  now  provided 
by  law. 

SEC.  6934.  The  principal  arising  from  the  sale  of  the 
sixteenth  section  of  land  shall  never  be  apportioned  or  used. 

SEC.  6935.  Should  any  of  the  funds  mentioned  in  this 
act  arise  from  the  sale  of  said  sixteenth  section  of  land  and 
there  should  be  any  doubt  as  to  the  township  from  whence 
it  came,  then  such  townships  as  have  not  disposed  of  the 
sixteenth  section  of  land,  or  may  have  disposed  of  the  same 
and  have  the  proceeds  placed  to  their  credit,  shall  not  be 
entitled  to  any  part  of  the  interest  arising  from  said  doubt- 
ful sixteenth  section  fund.  Act  March  13,  1885 \  sees.  /,  2. 

SEC.  6936.  The  annual  income  from  the  said  fund,  to- 
gether with  one  dollar /^f  capita  to  be  annually  assessed  on 
every  male  inhabitant  over  the  age  of  twenty-one  years,  and 
so  much  of  the  ordinary  annual  revenues  of  the  state  as  may 
hereafter  be  set  apart  by  law  for  such  purposes,  shall  be 

(a)  No  money  or  property  belonging  to  the  public  school  fund,  or  to  this 
state,  for  the  benefit  of  schools  or  universities,  shall  ever  be  used  for  any  other 
than  for  the  respective  purposes  to  which  it  belongs.  Art.  14,  sec.  2,  Const. 


SCHOOL    LAWS.  13 

faithfully  appropriated  for  maintaining  a  system  of  free  com- 
mon schools  for  this  state,  and  shall  be  appropriated  to  no 
other  purpose  whatever.  Act  December  7,  1875,  sec.  2. 

SEC.  6937.  The  state  auditor  shall,  on  requisition  from 
the  state  superintendent  of  public  instruction,  draw  war- 
rants on  the  state  treasurer  for  payment  to  the  several  county 
treasurers  of  the  school  revenues  due  their  respective 
counties. 

SEC.  6938.  The  per  capita  tax  levied  by  the  general  reve- 
nue laws  of  the  state  shall  be  collected  by  the  county  col- 
lector at  the  same  time  and  place  that  the  state  taxes  are 
collected,  and  be  paid  in  the  county  treasury  on  or  before 
the  first  day  of  July  of  each  year,  in  the  presence  of  the 
county  conrt  clerk,  who  shall  make  a  record  of  the  same 
as  a  revenue  for  the  support  of  common  schools  (b).  /<£., 
sees.  ?/  and  32. 

SEC.  6939.  In  the  payment  of  debts  by  executors  and 
administrators,  the  debts  due  the  common  school  fund  shall 
have  a  preference  over  all  other  debts,  except  funeral  and 
other  expenses  attending  the  last  sickness. 

SEC.  6940.  No  justice  of  the  peace,  constable,  clerk  of  a 
court  or  sheriff  shall  charge  any  costs  in  any  suit  where  the 
collector  or  any  other  officer  sues  for  the  recovery  of  any 
money  due  to  the  common  school  fund,  if  the  plaintiff  in 
such  cause  is  unsuccessful.  Act  January  //,  18531  sees.  50 
and  55. 

COMMISSIONERS    OF    SCHOOL    FUND. 

SEC.  6941.  The  secretary  of  state,  auditor  and  state  su- 
perintendent of  public  instruction  shall  constitute  a  board 
of  commissioners  of  the  common  school  fund,  and  shall 
meet  semi-annually  at  the  office  of  said  superintendent  on 
the  first  Monday  in  February  and  on  the  first  Monday  in 
August  in  each  year.  Provided,  The  secretary  of  state  may 

(b.}  The  penalty  collected  for  the  non-payment  of 4axes  on  personal  prop- 
erty is  to  be  paid  into  the  county  school  fund.  See  sec.  6589. 


14  SCHOOL  LAWS; 

assemble  the  members  of  said  board  any  time  at  his  dis- 
cretion. 

SEC.  6942.  The  secretary  of  state  shall  be  president  of 
said  board  and  shall  sign  the  journal  of  each  day's  proceed- 
ings. Act  Dec.  7,  /#75,  sees.  3,  4,  as  amended  by  act  April 
10,  1893. 

SEC.  6943.  The  superintendent  of  public  instruction  shall 
act  as  secretary  of  the  said  board,  and  shall  keep  a  faithful, 
correct  record  of  the  proceedings,  and  shall  keep  the  said 
record  open  at  all  times  for  inspection.  A  copy  of  said 
record,  certified  by  the  secretary  of  the  board,  shall  be  in 
all  cases  received  as  evidence  equal  with  the  original. 

SEC.  6944.  The  said  board  of  school  commissioners 
shall  have  the  management  and  investment  of  the  common 
school  fund  belonging  to  the  state,  and  shall  from  time  to 
time,  as  the  same  may  accumulate,  securely  invest  the  said 
funds  in  bonds  of  the  United  States  or  the  state  of  Arkansas. 

SEC.  6945.  That  all  moneys  required  by  law  to  be  paid 
into  the  treasury  to  the  credit  of  the  common  school  fund 
may,  if  the  same  be  not  paid  within  thirty  days  after  they 
shall  have  become  due  and  payable,  be  recovered,  with  in- 
terest due  thereon,  by  action  in  any  court  having  jurisdic- 
tion ;  and  such  action  shall  be  prosecuted  by  the  attorney 
general  of  the  state,  or  by  the  prosecuting  attorney  of  any 
judicial  district  within  this  state,  when  directed  by  the  said 
board.* 

SEC.  6946.  All  moneys  belonging  or  owin^  to  the  com- 
mon school  fund,  as  mentioned  in  section  6932,  or  accruing 
as  revenues  therefrom,  together  with  the  state  school  tax, 
shall  be  paid  directly  into  the  state  treasury,  and  shall  not 
be  paid  out  except  on  the  warrant  of  the  auditor.  Act  De- 
cember 7,  /<?75,  sees.  5-8. 

SEC.  6947.  The  state  auditor  shall  be  the  accountant  of 
said  board,  and  shall,  annually,  on  the  first  Monday  in  Oc- 

*See  Orr  v.  State,  56-107. 


SCHOOL    LAWS.  15 

tober,  transmit  to  the  governor  and  to  the  superintendent  of 
public  instruction  a  report  of  the  condition  of  the  school 
fund  on  the  ist  day  of  July  last  preceding,  with  an  abstract 
of  the  accounts  thereof  in  his  office. 

SEC.  6948.  The  auditor  shall,  under  the  direction  of  the 
board  of  commissioners,  draw  warrants  on  the  state  treas- 
urer for  the  payment  of  all  or  any  portion  of  the  common 
school  fund  belonging  to  the  state,  for  the  purchase  of  bonds 
or  other  securities  in  which  the  same  is  by  law  invested. 

SEC.  6949.  The  state  treasurer  shall,  by  virtue  of  such 
warrant,  pay  from  the  uninvested  common  school  fund  the 
purchase  money  for  said  securities,  and  shall  receive  and 
deposit  the  same  in  the  state  treasury  for  safe-keeping,  and 
receipt  to  the  president  of  the  board  of  commissioners  for 
the  kind  and  amount  of  such  securities. 

SEC.  6950.  The  said  board  shall,  at  their  semi-annual 
meeting,  settle  with  the  state  treasurer  all  accounts  of  the 
common  school  fund  not  before  settled.  Ib.,  sees,  9-12. 

SUPERVISION    OF    PUBLIC    SCHOOLS. 

SEC.  6951.  The  supervision  of  public  schools,  and  the 
execution  of  the  laws  regulating'the  same,  shall  be  vested 
in  and  confided  to  such  officers  as  may  be  provided  for  by 
the  general  assembly.  Art.  14.,  sec.  4.,  Const. 

STATE    SUPERINTENDENT    OF    PUBLIC    INSTRUCTION. 

SEC.  6952.  At  the  next  general  election,  and  every  two 
years  thereafter,  there  shall  be  elected  a  state  superintendent 
of  public  instruction,  by  the  qualified  electors  of  this  state, 
as  state  officers  are  now  elected. 

SEC.  6953.  •  Before  entering  upon  the  duties  of  his  office, 
he  shall  take  and  subscribe  the  oath  prescribed  for  officers 
by  the  constitution  of  this  state,  and  shall  file  such  oath  with 
the  secretary  of  state. 

SEC.  6954.     The  superintendent  of  public  instruction  shall 


l6  SCHOOL    LAWS. 

be  charged  with  the  general  superintendence  of  the  business 
relating  to  the  free  common  schools  of  this  state.* 

SEC.  6955.  He  shall  open  at  the  seat  of  the  state  govern- 
ment (at  the  expense  of  the  state)  a  suitable  office,  in  which 
he  shall  keep  all  books,  reports,  documents  and  other  papers 
pertaining  to  his  department,  and  where  he  shall  be  in  at- 
tendance when  not  necessarily  absent  on  business,  and  have 
personal  supervision  of  the  business  affairs  of  his  office,  and 
keep  a  clear  and  correct  record  thereof. 

SEC.  6956.  He  shall  furnish  suitable  questions!  for  the 
examination  of  teachers  to  the  county  examiner  ;  he  shall 
hold  a  teachers'  institute  annually  in  each  judicial  district  of 
the  state,  to  be  called  a  normal  district  institute  ;  he  shall 
arrange  the;  programme  exercises  for  each  of  such  institutes, 
and  preside  thereat.  Provided,  If  he  should  not  be  present, 
the  teachers  who  may  have  assembled  may  organize  and  hold 
such  normal  district  institute.  (See  recent  act  of  the  legisla- 
ture placed  in  the  digest  after  sec.  6978.) 

SEC.  6957.  He  shall  prepare  and  transmit  to  the  county 
examiners,  school  registers,  blank  certificates,  reports  and 
other  printed  blanks,  together  with  other  suitable  blanks, 
forms  and  printed  instructions,  to  be  forwarded  to  directors 
and  other  school  officers,  as  may  be  necessary  to  aid  such 
officers  in  making  their  reports  and  carrying  into  full  effect 

*A  general  power  of  charge  and  supervision  oi  schools  includes  the  power  to 
make  all  reasonable  rule?  and  regulations  for  the  discipline,  government  and 
arrangements  of  schools.  5  Cush.  (Mass.),  198  ;  8  Cush.  (Mass.),i6o;  12  AIL 
(Mass.},  127;  105  Mass.,  476;  ,63  ///.,  353;  71  Mo.,  628;  13  Brad.,  520. 

As  to  what  is  a  reasonable  rule,  see  63  ///.,  353548  ^.,476,477;  31  Iowa,  565. 

It  is  in  short,  "Any  rule  of  the  school  or  system  not  subversive  of  the  rights 
of  the  children  or  parents  or  in  conflict  with  humanity  and  the  precepts  of  divine 
law  which  leads  to  advance  the  hw  in  establishing  public  schools." 

f*The  state  superintendent  iS  the  only  one  authorized  to  furnish  questions  for 
these  examinations.  The  examinations  held  by  examiners  at  the  close  of  a 
private  school  of  their  own,  in  which  they  have  prepared  the  teachers  to  answer 
certain  questions  prepared  by  the  examiner  for  the  occasion,  are  not  legal,  and  a 
license  granted  in  this  manner  is  void. 


SCHOOL    LAWS.  I/ 

the  various  provisions  of  the  school  laws  of  this  state.     Act 
December  7,  /<?75,  sees.  13-16. 

SEC.  6958.  The  superintendent  of  public  instruction  shall 
prepare  a  form  of  poll  books  to  be  used  by  the  directors  of 
the  various  school  districts  of  this  state  at  their  annual  elec- 
tions as  are  now,  or  may  hereafter  be  provided  by  law,  and 
have  the  same  printed  as  other  blanks  for  school  purposes  ; 
and  shall  transmit  the  same  to  the  county  examiner  of  each 
county  for  distribution  to  school  directors  in  the  same  man- 
ner as  other  school  blanks  are  now,  or  shall  hereafter  be  dis- 
tributed. Act  March  2,  1887. 

SEC.  6959.  He  shall  exercise  such  supervision  over  the 
school  funds  as  to  ascertain  the  amount  and  disposal  made 
of  the  same,  their  protection  and  safety  when  invested  or 
deposited,  and  recommend  measures  for  their  seecurity  and 
preservation,  and  for  rendering  them  most  productive  of 
revenues  ;  shall  enforce  the  strict  application  of  the  school 
revenues  to  the  legitimate  purposes  for  which  they  were 
intended,  and  shall,  when  directed  by  the  commissioners  of 
the  school  fund,  cause  to  be  instituted,  in  the  name  of  the 
state  of  Arkansas,  suits  or  actions  for  the  recovery  of  any 
portion  of  the  said  funds  or  said  revenues  that  may  be 
squandered,  illegally  applied  or  unsafely  deposited. 

SEC.  6960.  He  shall,  on  or  before  the  first  day  of  No- 
vember in  each  year,  prepare  and  submit  to  the  governor  of 
this  state  an  aanual  report,  in  writing,  showing  the  number 
of  persons  between  the  ages  of  six  and  twenty-one  years 
residing  in  the  state  on  the  first  day  of  the  preceding  July ; 
the  number  of  such  persons  in  each  county;  the  number  of 
each  sex  ;  the  number  of  white  ;  the  number  of  colored  ; 
the  whole  number  of  such  persons  that  attended  the  free 
common  schools  of  the  state  during  the  year  ending  the 
thirtieth  day  of  the  last  preceding  June,  and  the  number  in 
each  county  that  attended  during  the  same  period;  the 
number  of  whites  of  each  sex  that  attended,  and  the  num- 

S— 2 


1 8  SCHOOL    LAWS. 

her  of  colored  of  each  sex  that  attended  the  said  schools; 
the  number  of  common  schools  in  the  state  ;  the  number  of 
pupils  that  studied  each  of  the  branches  taught ;  the  average 
wages  paid  teachers  of  each  sex ;  the  relative  average 
wages  paid  to  male  and  female  teachers  respectively,  ac- 
cording to  the  different  grades  of  their  certificates ;  the 
number  of  school  houses  erected  during  the  year  ;  the  ma- 
terial and  cost  thereof;  the  number  previously  erected,  the 
material  of  which  they  were  constructed,  their  condition 
and  value  ;  the  number  with  their  grounds  inclosed  ;  the 
counties  in  which  teachers'  institutes  were  held,  and  the 
number  that  attended  the  institutes  in  each  county. 

SEC.  6961.  He  shall  likewise  report  the  amount  of  per- 
manent school  fund  belonging  to  the  state  at  the  close  of 
the  fiscal  school  year,  and  the  amount  of  other  property 
apportioned  to  school  purposes  ;  the  nature,  kind  and 
amount  of  such  investments  made  of  the  same  ;  the  safety 
and  permanency  of  such  investments ;  the  amount  of 
revenue  accruing  from  the  school  funds  ;  the  income  re- 
ceived from  tfie  per  capita  assessments  of  each  county,  and 
the  amount  derived  from  such  assessment  in  all  the  counties 
of  the  state ;  the  income  derived  from  all  other  sources,  to- 
gether with  the  amount  derived  from  each;  likewise  in 
what  sums,  for  what  purposes  and  in  what  manner  the  said 
school  revenue  shall  have  been  expended,  and  what  amount 
of  school  moneys  of  various  kinds  are  in  the  various  county 
treasuries  unexpended. 

SEC.  6962.  He  shall  include  in  his  report  such  plans  as 
he  may  have  matured  for  the  improvement  of  the  common 
school  system  of  this  state  ;  for  the  accumulation,  the  invest- 
ment and  the  more  judicious  management  of  the  common 
school  fund,  and,  when  he  may  deem  it  advisable,  shall  rec- 
ommend measures  for  a  more  economical  and  advantageous 
collection  and  expenditure  of  the  revenues  accruing  from 
the  said  fund  ;  and  whenever  it  comes  to  his  knowledge  that 


SCHOOL    LAWS.  IQ 

any  of  the  investments  of  the  school  funds  are  not  safe,  or 
that  any  portion  of  the  said  fund  is  liable  to  be  lost,  that  it 
is  unproductive  of  revenue,  or  that  any  of  the  school 
revenues  have  been  diverted  from  their  proper  channel  or 
from  the  appropriate  objects  contemplated,  he  shall  report 
the  facts  to  the  governor  and  to  the  general  assembly,  if  in 
session. 

SEC.  6963.  He  shall  also  append  to  his  report  a  statisti- 
cal table,  compiled  from  the  materials  transmitted  to  his 
office  by  school  officers,  with  proper  summaries,  averages 
and  totals  given. 

SEC.  6964.  He  shall  present  such  a  comparison  of  results, 
and  such  an  exhibit  of  his  administration,  and  of  the  opera- 
tion of  the  common  free  school  system,  together  with  such 
statements  of  the  true  condition  of  the  schools  of  the  state, 
as  shall  distinctly  show  the  improvements  and  progress 
made  from  year  to  year  in  the  department  of  public  instruc- 
tion, 

SEC.  6965.  The  annual  reports  of  the  state  superintend- 
ent to  the  governor  shall  be  transmitted  by  the  governornor 
to  the  general  assembly  at  the  opening  of  the  session. 

SEC.  6966.  He  shall  have  his  reports  to  the  governor 
published  as  soon  as  practicable  after  they  have  been  made, 
and  shall  cause  them  to  be  distributed  among  the  various 
school  officers  of  the  state,  to  be  kept  on  file  in  their  respec- 
tive offices.  Provided,  He  shall  not  have  more  than  five 
thousand  copies  of  such  reports  printed  for  any  one  year, 
the  printing  of  such  reports  to  be  let  out  as  other  contracts 
for  printing.  Act  December  7,  /#75,  sees.  16-23. 

SEC.  6967.  He  shall  on  the  first  Monday  of  August  and 
on  the  first  Monday  of  February  of  each  year,  make  a  pro 
rata  apportionment  to  the  several  counties  of  the  state  of 
the  remaining  revenues  in  the  state  treasury  available  for 
distribution  for  school  purposes,  on  the  basis  of  the  num- 
ber of  persons  between  the  ages  of  six  and  twenty-one 


2O  SCHOOL    LAWS. 

years,  residing  in  said  county,  respectively,  on  the  first 
day  of  September  previous  ;  and  he  shall  publish  a 
statement  of  the  same,  and  as  early  as  practicable, 
shall  transmit  a  copy  thereof  to  each  county  exam- 
iner and  to  each  of  the  several  treasurers  in  the  state,  and 
to  each  county  clerk,  who  shall  submit  the  same  to  the 
county  court  at  its  next  term ;  and  he  shall  thereupon  draw 
his  requisition  on  the  state  auditor  in  favor  of  the  treasurers 
of  the  several  counties  for  such  amount  as  the  said  counties 
maybe  entitled  to  receive  for  the  support  of  free  common 
schools.  Act  March  20,  1891. 

SEC.  6968.  He  shall,  from  time  to  time,  publish  in  con- 
venient pamphlet  form,  and  furnish  each  school  officer,  the 
acts  of  the  general  assembly  relating  to  common  schools,  and 
the  decisions  of  the  courts  having  competent  jurisdiction  in 
relation  to  the  school  laws  ;  and  he  shall  likewise,  at  the  re- 
quest of  any  school  officer,  render  a  decision  relating  to  the 
intent,  construction  or  administration  of  any  portion  of  the 
school  laws  on  which  decisions  shall  not  have  been  pub- 
lished, and  he  may,  when  he  shall  deem  it  advisable  to  have 
the  opinion  of  the  attorney  general,  require  said  opinion  to 
be  given  in  writing(^). 

SEC.  6969.  He  shall,  for  the  purpose  of  ascertaining  the 
amounts,  safety  and  preservation  of  the  school  funds,  have 
access  to  the  auditor's  books  and  papers,  with  full  power  to 
use  and  inspect  the  same. 

SEC.  6970.  At  the  expiration  of  his  term  of  office  he  shall 
deliver  to  his  successor  possession  of  his  office,  together 
with  all  books,  records,  documents,  papers  and  other  articles 
belonging  or  pertaining  to  his  office. 

SEC.  6971.     He  shall  affix  the  seal  of  the  department  of 

(a.)  It  is  the  sole  duty  of  the  superintendent  of  public  instruction  to  render 
decisions  relating  to  the  intent,  construction  or  administration  of  any  portion  of 
the  school  laws.  The  attorney  general  is  the  legal  adviser  of  the  superintendent 
and  not  of  school  officers. 


SCHOOL    LAWS.  21 

public  instruction  to  all  official  communications  from  his 
office. 

SEC.  6972.  Whenever  a  vacancy  in  the  office  of  superin- 
tendent of  public  instruction  shall  occur,  from  death,  resig- 
nation or  otherwise,  the  governor  shall  appoint  a  person  of 
suitable  attainments  to  serve  the  remainder  of  the  unexpired 
term.  Provided,  Such  vacancy  shall  occur  within  nine 
months  from  the  next  succeeding  election ;  otherwise,  an 
election  shall  be  ordered,  as  in  case  of  state  officers. 

SEC.  6973.  Neither  the  state  superintendent  nor  county 
examiner  shall  act  as  agent  for  any  author,  publisher  or 
bookseller,  nor  directly  or  indirectly  receive  any  gift,  emol- 
ument, reward  or  promise  of  reward  for  his  influence  in  rec- 
ommending or  procuring  the  use  of  any  book,  school  appa- 
ratus or  furniture  of  any  kind  whatever,  in  any  public  school ; 
and  any  school  officer  who  shall  violate  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
subject  to  removal  from  office.  Act  December  7,  i8j$t  sees. 
*5-JO. 

SEC.  6974.  The  state  superintendent  of  public  instruc- 
tion shall  have  power  to  grant  state  certificates,  which  shall 
be  valid  for  life,  unless  revoked,  to  any  person  in  the  state 
who  shall  pass  a  thorough  examination  in  all  those  branches 
required  for  granting  county  certificates;  and,  also,  in  alge- 
bra and  geometry,  physics,  rhetoric,  mental  philosophy,  his- 
tory, Latin,  the  constitutions  of  the  United  States  and  of  the 
state  of  Arkansas,  natural  history  and  theory  and  art  of 
teaching. 

State  license  can  not  be  granted  without  an  examination.  No  provision  is 
made  whereby  a  college  diploma  or  the  diploma  of  a  normal  school  becomes  the 
equivalent  for  a  state  license.  There  is  no  legal  method  whereby  a  state  license 
may  be  secured  save  by  an  examination.  These  examinations  are  public  and 
conducted  at  the  office  of  the  state  superintendent. 

The  law  does  not  fix  a  minimum  age  nor  require  experience.  But  it  was  never 
the  intent  of  the  legislature  to  put  immature  and  inexperienced  boys  and  girls  in 
charge  of  schools,  much  less  give  them  a  life  license.  In  all  other  departments 


22  SCHOOL    LAWS. 

of  the  law,  minors  are  called  infants,  and  made  subject  to  disabilities  and  to  the 
control  of  parents  and  guardians.  Maturity  of  mind  and  srtength  of  character 
are  requisites  for  the  successful  determination  and  management  of  the  important 
questions  arising  in  school  life.  Applicants  for  state  license  must  be  of  legal 
age  and  have  a  successful  experience  of  at  least  twenty  months  in  the  school 
room.  The  oral  and  written  methods  are  combined  in  the  examination. 
The  oral  is  adapted  to  disclose — 

1.  Skill  in  expedients. 

2.  Aptness  in  illustration. 

3.  Manner  of  expression,  etc. 
The  written  is  expected  to  show — 

1.  Habits  of  thinking. 

2.  Modes  of  reasoning. 

3.  Discipline  of  the  mind. 

4.  Accuracy. 

5.  Acquaintance  with  principles. 

6.  Availability  of  knowledge. 

7.  Knowledge  itself. 

SEC,  6975.  He  shall  prepare,  for  the  benefit  of  the  com- 
mon schools  of  the  state,  a  list  of  such  text  books  on  or- 
thography, reading  in  English,  mental  and  written  arithmetic, 
penmanship,  English  grammar,  modern  geography  and  his- 
tory of  the  United  States  as  are  best  adapted  to  the  wants  of 
the  learner,  and  as  have  been  prepared  with  reference  to  the 
most  philosophical  methods  of  teaching  those  branches,  and 
shall  recommend  the  said  text-books  to  teachers  and  to  di- 
rectors throughout  the  state. 

The  following  are  deduced  from  an  opinion  of  the  attorney  general : 

1.  That  the  list  is  to  be  determined  by  the  state  superintendent. 

2.  That  the  directors  in  adopting  books  are  limited  to  the  list. 

3.  That  books  not  upon  the  list  cannot  be  required  in  any  school  of  the  state 
supported  by  public  funds. 

SEC.  6976.  He  shall  procure  and  adopt  a  seal  for  his 
office,  and  furnish  an  impression  and  description  of  said  seal 
to  the  secretary  of  state,  to  be  preserved  in  his  office. 

SEC.  6977.  A  copy  of  any  paper  or  document  deposited 
or  filed  in  the  office  of  the  superintendent  of  public  instruc- 
tion shall,  when  authenticated  by  the  said  seal,  be  evidence 
equal,  to  all  intents  and  purposes,  with  the  original. 


SCHOOL    LAWS.  23 

SEC.  6978.  The  said  superintendent  shall  prepare  appro- 
priate forms  for  three  several  grades  of  certificates  to  be  is- 
sued to  teachers  by  the  county  examiners.  He  shall  pre- 
pare suitable  school  registers,  in  which  teachers,  at  the  close 
of  the  school  term,  are  to  make  their  reports  to  the  trustees 
of  the  name  and  age  of  each  pupil,  the  date  of  each  pupil's 
entrance,  the  separate  days  on  which  each  attended  school, 
the  studies  each  pursued,  the  total  attendance  ;  and  shall 
likewise  prepare  suitable  forms  for  the  reports  of  directors 
and  county  examiners.  Act  December  7,  /<?75,  sees.  33-37. 

This  register  must  be  kept  by  each  public  school  teacher  according  to  the  forms 
prescribed,  before  any  charge  can  be  made  for  services. 

By  a  subsequent  act  the  superintendent  is  required  to  furnish  poll-books  for 
the  school  districts. 

COUNTY    NORMAL    INSTITUTES. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Arkansas: 
SECTION  i.  That  the  state  superintendent  of  public  in- 
struction is  hereby  Authorized  and  empowered  to  arrange 
for  the  establishment  of  county  normal  institutes  for  the 
white  teachers  of  Arkansas,  or  for  such  white  persons  as 
desire  to  become  teachers  in  the  public  schools  of  this  state, 
being  one  for  each  county  of  the  state,  and  such  additional 
ones  for  the  colored  teachers  at  such  places  as  may  be  se- 
lected by  the  superintendent. 

SEC.  2.  That  said  superintendent  shall  select  a  principal 
for  each  normal  institute,  arrange  a  programme  for  its  daily 
work,  and  formulate  such  rules  and  regulations  therefor  as 
shall  best  conduce  to  the  interests  of  the  institute  and  to 
the  faithful  execution  of  this  law.  The  course  of  study  shall 
comprise  a  thorough  drill  upon  the  principles  of  the  common 
school  branches,  history  and  constitution  of  Arkansas,  and 
such  pedagogical  instruction  as  shall  fully  develop  the  teach- 
ers' professional,  general,  moral  and  social  preparation  for 
work  in  the  public  schools  ;  special  attention  shall  be  given  to 
organization,  arrangement  of  pupils,  use  of  text-books,  clas- 


24  SCHOOL    LAWS. 

sification,  programmes,  use  of  school  devices  and  apparatus, 
discipline,  punishment  and  the  purposes  of  punishment,  also 
upon  the  different  methods  of  presenting  the  different  sub- 
jects to  be  taught  in  the  schools,  having  more  direct  refer- 
ence to  the  rural  than  to  the  town  schools. 

SEC.  3.  Each  of  said  schools  shall  last  for  a  consecutive 
term  of  twenty  days  each,  of  each  year,  at  such  time  and 
place  as  may  be  agreed  upon  by  the  state  superintendent 
and  county  examiner.  Other  pupils  of  suitable  age  and 
advancement  may  be  admitted  to  these  institutes  at  the  dis- 
cretion of  the  state  superintendent  and  county  examiner. 

SEC.  4.  For  the  purpose  of  carrying  this  law  into  effect, 
the  sum  of  ten  thousand  dollars  per  annum  for  the  next  two 
years,  is  hereby  appropriated  out  of  any  moneys  in  the 
treasury  not  otherwise  appropriated ;  Provided,  That  an 
itemized  bill  shall  be  presented  by  each  instructor  employed 
in  these  institutes,  together  with  a  certificate  from  the  su- 
perintendent of  public  instruction,  to  the  auditor  of  state, 
who  shall  thereupon  draw  his  warrant  for  th£  same  ;  Pro- 
vided, further,  That  no  part  of  this  appropriation  shall  be 
used  for  any  purpose  other  than  the  payment  of  instructors. 

SEC.  5.  This  law  shall  take  effect  from  and  after  its 
passage. 

Approved  April  20,  1895. 

Though  this  law  does  not  repeal  the  district  normal  law,  there  is  no  provision 
made  for  carrying  it  into  effect,  and  it  js  now  a  useless  statute. 

SCHOOL    DISTRICTS. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Arkansas: 
SECTION  I.  The  county  courts  of  this  state  shall  have 
power  to  dissolve  any  school  district  now  established,  or 
which  may  hereafter  be  established  in  its  county  and  at- 
tach the  territory  thereof  in  whole  or  in  part  to  an  adjoining 
district  or  districts,  whenever  a  majority  of  the  electors  re- 
siding in  such  district  shall  petition  the  court  so  to  do. 

SEC.  2.     When  such  dissolution  is  proposed,  notice  shall 


SCHOOL    LAWS.  25 

be  given  by  those  proposing  the  same  by  posters  in  four 
public  places  in  the  district.  Said  notices  to  be  posted 
thirty  days  before  the  meeting  of  the  term  of  the  court  at 
which  such  petition  is  proposed  to  be  presented. 

SEC.  3.  Whenever,  under  this  act,  any  district  shall  be 
abolished,  any  indebtedness  due  by  it,  or  funds  on  hand  to 
its  credit  shall  be  proportioned  by  the  court  among  the  dis- 
tricts to  which  its  territory  has  been  attached,  according  to 
the  value  of  the  territory  each  received,  of  which  action  of 
dissolution  and  distribution  of  indebtedness  or  funds,  as  the 
case  may  be,  the  clerk  of  the  court  shall  give  due  notice  to 
directors  of  each  district  affected,  showing  the  territory  at- 
tached to  their  district,  and  amount  of  indebtedness  adjudged 
against  it,  or  funds  credited  to  it,  as  the  case  may  be. 

SEC.  4.  The  directors  of  the  district  dissolved,  upon  re- 
ceipt of  notice  of  clerk,  shall  transmit,  without  delay,  all  of 
the  records  of  said  district  to  the  county  examiner  of  the 
county  for  preservation  in  his  office. 

SEC.  5.  That  section  6984  of  Sandels  &  Hill's  Digest  be 
and  the  same  is  hereby  repealed. 

SEC.  6.  All  laws  in  conflict  ^herewith  are  hereby  re- 
pealed, and  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  April  I,  1895. 

SEC.  6985.  When  a  change  is  proposed  in  any  school  dis- 
trict notice  shall  be  given  by  the  parties  proposing  the 
change,  by  putting  up  hand  bills  in  four  or  more  conspicu- 
ous places  in  each  district  to  be  affected,  one  of  said  notices 
to  be  placed  on  the  public  school  building  in  each  affected 
district.  All  of  said  notices  to  be  posted  thirty  days  before 
the  convening  of  the  court  to  which  they  propose  to  present 
their  petition  ;  said  notices  shall  give  a  geographical  descrip- 
tion of  the  proposed  change.  Act  April  8,  1891. 

SEC.  6986.  Each  school  district  shall  be  a  body  corpor- 
ate, by  the  name  and  style  of  "School  District  No. ,  of 


26  SCHOOL    LAWS. 

the  county  of ;  "  and  by  such  name  may  contract  and 

be  contracted  with,  sue  and  be  sued,  in  any  of  the  courts  of 
this  state  having  competent  jurisdiction  (d). 

SEC.  6987.  Every  district  shall  hold  in  tire  corporate 
name  of  the  district  the  title  of  lands  and  other  property 
which  may  be  acquired  by  said  district  for  school  district 
purposes.  Act  December  7,  1875,  sec.  55. 

SEC.  6988.  No  new  school  district  shall  be  formed  hav- 
ing less  than  thirty-five  persons  of  scholastic  age  residing 
within  the  territory  included  in  such  new  district,  and  no 
district  now  formed,  shall  by  the  formation  of  a  new  district 
or  transfer  be  reduced  to  less  than  thirty-five  persons  of 
scholastic  age.  Act  April  8,  1887,  sec.  2.  See  sec.  7062. 

SEC.  6989.  The  county  court  shall  have  the  right  to  form 
new  school  districts  or  change  the  boundaries  thereof,  upon 
a  petition  of  a  majority  of  all  the  electors  residing  upon  the 
territory  of  the  districts  to  be  divided  (e). 

SEC.  6990.  Such  territory  shall  have  the  requisite  num- 
ber of  children  or  property  to  comply  with  the  now  existing 
law  in  such  case. 

SEC.  6991.  In  the  formation  of  new  school  districts  that 
part  of  territory  taken  off  from  the  old  district  or  districts, 
shall  be  held  liable  for  a  proportionate  part  of  the  indebted- 

(d.)  School  districts  are  not  liable  for  trespasses  committed  by  their  officers. 
School  District  No.  II  v.  Williams,  38-454. 
See  School  District  v.  Bodenhamer,  43-140  ;  School  District  v.  Reeve* 

56-68. 

Mandamus  can  only  be  used  after  judgment  against  a  school  district  to  force 
the  payment  of  debt. 

School  District  v.  Bodenhamer,  43-140. 

School  property  is  not  subject  to  the  tax,  and  suit  therefore,  for  local  improve- 
ments of  a  public  nature. 

Board  v.  School  District,  56-354. 

(e.]  This  section  contemplates. a  petition  by  a  majority  of  the  electors  of  all  the 
districts  combined,  and  not  a  majority  of  the  electors  of  each  district  separately. 
Hudspeth  v.  Wallis,  54-134. 


SCHOOL    LAWS.  2/ 

ness  of  the  former  district  or  districts  at  the  time  of  the  mak- 
ing of  said  new  district. 

SEC.  6992.  In  case  there  be  a  surplus  fund  on  hand  at 
the  time  of  the  formation  of  said  district,  it  shall  be  entitled 
to  a  proportionate  part  of  said  fund,  the  same  to  be  ascer- 
tained and  determined  by  the  county  court  of  the  county  in 
which  said  new  district  may  be  created,  as  in  the  judgment 
of  said  court  may  be  considered  right  and  proper.  Act 
April8t  1887,  sec.  j. 

APPORTIONMENT    OF    SCHOOL    FUNDS. 

SEC.  6993.  The  county  court,  immediately  on  receiving 
notice  of  the  distributive  share  of  school  revenue  appor- 
tioned by  the  state  superintendent  to  each  county,  shall  pro- 
ceed to  apportion  to  the  several  school  districts  of  the  coun- 
ty, in  proportion  to  the  number  of  persons  between  the  ages 
of  six  and  twenty-one  years  residing  within  the  school  dis- 
tricts, respectively,  on  the  first  Monday  of  July  previous, 
the  said  school  revenue  apportioned  to  the  county,  and  shall 
forward  to"  the  county  treasurer,  and  to  each  of  the  directors 
of  each  district,  a  statement  of  such  apportionment,  care- 
fully distinguishing  the  sources  from  which  the  school  reve- 
nues so  apportioned  are  derived,  and  the  amount  due  each 
school  district  in  the  county  from  each  separate  sou-rce,  and 
shall  see  that  the  revenues  from  the  public  school  fund  are 
invariably  paid  to  the  county  and  to  the  school  districts 
strictly  in  accordance  with  the  apportionment  made  to  them 

(/). 

In  the  case  of  J.  C.  Merritt  et  a/.,  v.  J.  H.  Merritt,  County  Judge,  appealed 
from  Arkansas  county,  the  supreme  court,  in  May,  1891,  held  : 

"  It  was  the  duty  of  appellant,  as  county  judge,  on  receiving  notice  of  the 
amount  apportioned  to  the  county,  to  proceed  to  appropriate  the  same  to  the 
several  districts  upon  whose  enumeration  the  superintendent  made  the  appor- 

(/.)     Apportionment    may  be  compelled    by   mandamus,  and    the   parents  of 
children  oj  schlastic  age  are    proper  parties   to   petition    therefor. 
Mattox  v.  Neal,  45,  121 


28  SCHOOL    LAWS. 

tionment.  The  duty  was  absolute,  and  in  its  performance  the  county  judge  had 
no  discretion.  There  is  no  reason  why  a  district  should  be  kept  out  of  its  funds, 
for  any  length  of  time,  on  account  of  county  lines,  and  it  is  the  duty  of  the  county 
judge  to  prevent  it.  If  he  fails  to  do  his  duty,  its  performance  should  be  coerced." 
This  case  clearly  establishes  the  following  principles : 

1.  The  county  judge  must  apportion  common  school  funds  upon  the  enumer- 
ation of  the  apportionment  as  made  by  the  superintendent  and  upon  no  other. 
He  has  no  right  to  change  the  enumeration  and  apportionment.     He  simply  ap- 
propriates to  each  district  the  amount  apportioned  by  the  state  superintendent. 

2.  This  must  be  done  without  delay  and  despite  changes  in  county  lines. 

3.  Duties  are  absolute  and  contain  no  element  of  discretion.     This  principle 
applies  to  every  school  officer  and  teacher. 

In  view  of  this  decision  and  in  the  change  of  time  for  making  the  state  appor- 
tionments, I  suggest  that  the  county  judge  hold  an  adjourned  term  during  the 
fourth  week  in  August  for  the  appropriation  to  districts  of  the  funds  apportioned 
on  the  first  Monday  in  August. 

The  poll-tax  has  been  distributed  heretofore  in  two  ways  : 

1.  The  amount  of  the  per  capita  tax  collected  in  each  district  of  the  county 
has  been  apportioned  to  the  district  in  proportion  to  their  educable  children. 

2.  The  whole  amount  collected  in  the  county  has  been    apportioned  to  the 
district  in  proportion  to  their  educabl'e  children. 

The  latter  is  the  proper  method.  The  per  capita  tax  is  for  the  common 
schools  of  the  county  and  should  be  apportioned  upon  the  basis  of  educable 
children  therein  and  not  upon  a  narrow  basis. 

The  following,  as  to  the  rights  of  the  district  over  the  funds  after  apportion- 
ment, are  deduced  from  an  opinion  of  the  attorney  general : 

1.  That  the  funds  derived  from  the  state,  and  from  the^r  capita  tax,  and 
from  the  tax  voted  by  the  district  at  the  annual  school  meeting,  after  they  reach 
the  county  treasury  and  are  apportioned  by  the  county  court  to  the  school  dis- 
trict, become  the  absolute  property  of  such  district  for  the  purpose  of   maintain- 
ing public  schools  therein,  subject  to  disbursement  on  the  warrant  of  the   board 

of  directors  of  a  separate  school  district. 

2.  That  in  other  than  separate  school  districts,  the  school  directors  may  apply 
such  fends  to  no  other  purpose  than  those  directed  by  a  majority  of  the  electors 
of  the  district  at  their  annual  school  meeting. 

3.  That  in  other  than  separate  school  districts,  the  electors  may,  at  their  an- 
nual  meeting,  fix  a  site  for  a  school  house,  or  raise  money  for  building  or  pur- 
chasing a  school  house ;  Provided,  The  directors  have  given  notice  that  these 
matters  were  to  be  submitted  for  consideration  and  action,  as* required  by  section 
69  of  the  school  law  of  December  7,  1875. 

4.  That  it  is  within  the  power  of  the  board  of  directors  of  separate  school 
districts  to  apply  any  part  of  the  fund  belonging  to  such  district,  which  has  not 
been  otherwise  appropriated  to  the  purpose  of  building  and  purchasing  a  school 


SCHOOL    LAWS.  29 

house  irrespective  of  the  source  from  which  such  fund  came,  but  that  such  power 
cannot  be  exercised  by  the  directors  of  other  school  districts,  unless  they  have 
been  authorized  to  do  so  by  the  electors  of  the  district  at  an  annual  school 
meeting.  See — 

School  Act  of  December  7,  1875. 

Lee  v.  Trustees  of  School  District  No.  36. 

New  Jersey  Equity  Reports,  581. 

Mansfield's  Digest,  chapter  135. 

SEC.  6994.  Whenever  a  new  district  shall  have  been 
formed  and  organized,  the  court  shall,  at  the  next  apportion- 
ment made  thereafter,  apportion  to  the  new  district,  school 
revenues  in  proportion  to  the  number  of  persons  between 
the  ages  of  six  and  twenty-one  years  reported  by  the  direc- 
tors of  the  new  district ;  Provided  always,  The  number  of 
persons  between  the  ages  of  six  and  twenty-one  years  re- 
ported in  any  year  by  the  district  directors  of  each  county 
shall  be  taken  as  the  quota  of  that  county,  and  the  number 
reported  from  each  school  district  shall  be  taken  as  the 
quota  of  that  district,  and  that  the  only  basis  on  which  an 
apportionment  of  the  school  revenue  shall  be  made  is  to  be 
the  number  of  persons  so  reported  each  year  by  the  district 
directors.  Act  December  7,  i8j$,  sees.  4.0,  4.1. 

SEC.  6995.  The  county  examiners  of  the  several  coun- 
ties shall,  annually,  between  the  tenth  and  twentieth  days 
o-f  September,  transmit,  verified  by  affidavit,  to  the  county 
clerks  of  their  respective  counties  a  written  report,  showing 
the  number  of  persons  between  the  ages  of  six  and  twenty- 
one  years  residing  in  each  school  district  in  their  respective 
counties,  as  shown  by  the  reports  of  the  district  directors 
made  for  the  same  year  to  the  county  examiners,  as  is  now 
required  by  law. 

SEC.  6996.  The  county  clerks  shall,  during  the  first  terms 
of  their  respective  county  courts  held  after  the  reception 
of  the  reports  provided  for  in  the  preceding  section,  lay 
such  reports  before  such  county  courts,  to  be  used  as  a 
guide  in  making  the  apportionment  of  the  general  school 
fund  to  the  various  school  districts.  Act  March  23,  1891.. 


3O  SCHOOL    LAWS. 

SEC.  6997.  Any  county  which,  by  a  change  of  county 
lines,  or  by  the  formation  of  a  new  county  or  counties,  shall 
fail  to  receive  the  school  funds  which  justly  should  be  ap- 
portioned to  it,  from  the  fact  of  its  school  population  being 
reckoned  with  that  of  the  county  or  counties  to  which  the 
said  funds  may  be  apportioned,  shall  be  reimbursed  for  the 
loss  thus  incurred.  Said  loss  shall  be  corrected  in  the  first 
apportionment  of  the  school  revenue  thereafter.  Provided, 
If  such  correction  be  not  made  in  the  first  apportionment 
thereafter,  it  may  be  made  in  the  second  (g}. 

SEC.  6998.  The  amounts  refunded  according  to  the 
provisions  of  section  6997  shall  be  deducted  from  the  funds 
apportioned  to  the  counties  which  were  the  original  re- 
cipients of  the  erroneously  apportioned  revenues. 

SEC.  6999.  Upon  the  presentation  of  the  certificate  of 
the  superintendent  of  public  instruction  of  the  amount  or 
amounts  due  any  county,  by  the  provisions  of  this  act,  to 
the  auditor,  he  shall  draw  his  warrant  on  the  state  treasurer 
for  said  amount  or  amounts  in  favor  of  the  treasurer  of  said 
county  for  the  benefit  of  the  school  fund  and  in  compliance 
with  section  6997.  Act  March  6,  i8jj. 

COUNTY    EXAMINERS. 

SEC.  7000.  The  county  court  of  each  county  shall,  at  the 
first  term  thereof  after  each  general  election,  appoint  in  each 
county,  not  divided  into  two  judicial  districts,  one  county 
examiner,  and  in  each  county  divided  into  two  judicial  dis- 
tricts may  appoint  one  county  examiner  for  each  district, 
such  examiner  to  be  of  high  moral  character  and  scholastic 
attainments.  Act  December  7,  7^75,  sec.  42,  as  amended  by 
sec.  7,  act  March  20,  1883,  and  act  March  7,  1893. 

The  county  examiner  is  one  of  the  most  important  officers  of  the  schools.  He 
is  the  sentinel  placed  by  law  on  the  ramparts  of  the  system.  If  he  is  capable, 
honest  and  zealous  the  school  system  will  grow  stronger  in  each  county.  The 

(g.}  See  Merritt  v.  School  District,  54-468. 

Mandamus  will  lie  to  compel  apportionment  as  herein  provided.     Id. 


SCHOOL   LAWS.  3! 

law  does  not  require  mere  moral  character  and  mere  scholastic  attainment.     It 
demands  : 

1.  High  moral  character. 

2.  High  scholastic  attainments. 

No  one  should  be  appointed  to  this  office  under  any  circumstances  who  is  ad- 
dicted in  the  least  degree  to  profanity,  drunkenness,  gambling,  licentiousness  or 
any  other  demoralizing  vice,  or  who  does  not  believe  in  the  existence  of  a  Su- 
preme Being.  Teachers  are  not  to  be  licensed  if  they  have  these  vices,  and  what 
is  forbidden  to  the  examinee  is  emphatically  denied  to  the  examiner.  It  is  a  safe 
plan  to  require  total  abstinence  in  all  these  enumerated  particulars. 

As  to  scholastic  ability  the  very  best  man  in  this  respect  should  be  obtained. 
He  who  is  to  sit  in  judgment  upon  others  should  be  a  judge.  An  ignorant  ex- 
aminer is  a  disgrace  to  the  judge  who  appointed  him  and  a  degradation  to  the 
county. 

1.  The  examiner  must  have  the  qualifications  of  an  elector.    He  is  an  officer 
of  the  state — being  a  part  of  the  executive  department  of  the  state.     A  woman 
may  not  be  appointed  to  this  position. 

In  Elmore  v.  Overton,  104  2nd.,  548,  the  learned  judge  held  : 
"  The  office  of  county  superintendent  belongs  to  the  executive  department  of 
the  state,  and  the  statute  does  not  confer  upon  the  incumbent  either  judicial  or 
quasi  judicial  power  in  the  matter  of  licensing  persons  to  teach  in  the  common 
schools." 

2.  Every  applicant  for  the  position  of  examiner  who  is  a  teacher  should  pre- 
sent as  evidences  of  his  scholastic  qualification  either  a  license  from  the  state  su- 
perintendent or  a  first  grade  license  from  a  competent  examiner.     There  is  no 
one  to  examine  him  except  the  state  superintendent,  and  he  can  not  license  him- 
self.    Unless  licensed  by  the  state  superintendent  there  is  no  way  by  which  this 
officer  may  obtain  a  license  to  teach.     No  second  or  third  grade  teacher   can 
measure  up  to  the  requirements  of  the  statute  which  requires  "  high  scholastic  at- 
tainment." 

3.  Every  applicant  who  is  not  a  teacher  should  be  required  to  show  his  qual- 
ifications by  either  a  diploma  from  a  first-class  school  or  a  license  from  some 
first-class  examiner. 

4.  No  appointments  of  any  kind  should  be  made  as  a  political  reward  or  from 
denominational  considerations.     No  one  should  be  appointed  who  cannot  give 
his  time  to  the  work. 

The  act  passed  March;,  1893,  amends  the  preceding  section  in  several  im- 
portant particulars. 

SEC.  7001.  Any  appointments  heretofore  made  by  the 
county  courts  for  the  districts  of  such  counties  as  are  men- 
tioned in  the  preceding  section  in  which  an  examiner  has 


32  SCHOOL    LAWS. 

been  appointed  for  each  district  are  hereby  declared  to  be 
legal  and  valid  appointments.  Act  March  20, 1883,  sec.  2. 

SEC.  7002.  Before  entering  upon  the  duties  of  that  office, 
the  county  examiner  shall  take  and  subscribe  the  oath  pre- 
scribed for  officers  by  the  constitution  of  this  state,  and  file 
such  oath  in  the  office  of  the  county  clerk.  Act  March  7, 
7*75,  sec.  43. 

SEC.  7003.  All  county  examiners  shall  be  required,  be- 
fore entering  upon  the  duties  of  their  offices,  to  stand  the 
same  examination  as  is  required  of  the  teachers  who  receive 
first  grade  licenses. 

SEC.  7004.  No  one  shall  fill  the  offices  of  county  exam- 
iner and  school  director  at  the  same  time. 

SEC.  7005.  The  clerk  of  the  county  court  in  each  county 
shall  notify  the  superintendent  of  public  instruction  of  the 
appointment  of  the  county  examiner  in  his  county  immedi- 
ately upon  his  appointment,  together  with  his  name  and  ad- 
dress. 

SEC.  7006.  The  superintendent  of  public  instruction  shall 
either  attend  in  person  or  appoint  some  one  duly  qualified 
to  examine  such  person  appointed  as  county  examiner,  as  to 
his  qualifications,  using  the  same  questions  as  are  then  being 
used  in  the  examination  of  teachers  applying  for  first  grade 
license. 

SEC.  7007.  All  county  examiners  shall  be  paid  such 
salary  each  year  as  may  be  fixed  by  the  county  judge  of  the 
county  for  which  he  was  appointed,  out  of  the  school  fund 
of  such  connty ;  Provided,  Such  salary  shall  not  be  greater 
than  the  amount  received  by  the  county  treasurer  from  the 
tax  imposed  in  the  following  section. 

SEC.  7008.  No  county  examiner  shall  examine  any  one 
applying  to  him  for  license  as  a  teacher  until  he  shall  pre- 
sent a  receipt  from  the  county  treasurer  for  two  dollars  paid 
by  him  to  such  treasurer  to  go  to  the  credit  of  the  county 
school  fund.  Aet  March  7,  1893,  sees.  1-4. 


SCHOOL    LAWS.  33 

1.  Every  examiner  appointed  after  March  7,  1893,  must  hold  a  license  granted 
by    the    state  superintendent  of  public  instruction.     These  licenses  are  of  two 
kinds,  the  regular  state  license  and  the  examiners'  license.     This  last  instrument 
is  based  upon  an  examination  equivalent  to  that  upon  which  a  first  grade  certifi- 
cate is  based,  and  is  good  for  two  years. 

2.  The  office  of  examiner  and  school  directors  are  made  incompatible. 

3.  The  examiner's  fee  must  be  paid  to  the  county  treasurer  and  not  to  the 
examiner.     He  should  refuse  to  accept  the  fee  at  any  time  other  than  on  the  regu- 
lar examination  days,  the  third  Thursday  and  Friday  in  June,  September,  De- 
cember and  March.     The  irregular  days  and  times  adopted  by  examiners  in  de- 
fiance of  law  and  of  the  agreement  of  examiners  is   working  great  evil  to   the 
system.     Some  examiners  set  their  days  for  public  examinations  a  short  time 
before  the  regular  examination  days  and  advertise  it.     Teachers  from  surround- 
ing counties  travel  to  the  early  examination,  secure  the  questions  and  then  take 
the  regular  examination  in  their  home  counties.     This  is  wrong.     The  examiner 
has  no  light  to  change  the  dates  of  the  examination.     The  duty  is  a  public  one 
and  there  are  mutual  duties  and    responsibilities.       Each    examiner   owes  his 
neighbor  good  faith  and   he  is  derelict   when  he  subjects  their  honest  labor  to 
violence.     County  treasurers  should  refuse  to  be  parties  to  the  wrong.     If  the 
applicant   comes   at  an   irregular  time,  he  should  present  a  statement  from  the 
examiner  that  the  examination  is  a  private  one  and  that  the  applicant  has  a  law- 
ful excuse  for  non-attendance  upon  the  pmblic  examination. 

3.  The  intention  of  the  statute  was  to   fix  the  salary  of  the  examiner  at  an 
amount  equal  to  the  amount  paid  in  by  the   applicants  for  certificates,  less  the 
treasurers'  commissions.     It  was  never  intended  to  reduce  the  miserable  pittance 
already  paid  these  officers  beyond  this  commission. 

4.  This  law  does  not  repeal  the  law  passed  March  3,  1887,  sec.  7025  of  the 
digest,  and  which  authorizes  the  county  court  to  make  an  allowance  to  the  ex- 
aminer for  express  charges,  postage,  etc.     This  amount  is  twenty-five  dollars  and 
is  an  expense  account,  and  no  part  of  the  salary.     This  amount,  twenty-five  dol- 
lars, is  exclusive  of  the  ten  dollars  allowed  by  the  same  act  for  making  a  report 
to    the    State    Superintendent.     By    any  fair  construction  the  act  authorized  not 
only  an  amount  for  postage,  etc.,  but  an  additional  amount  for  the  report.     The 
first  could  not  exceed  twenty-five  dollars,  but  was  not  connected   with  the  latter 
allowance. 

Any  fee  greater  than  two  dollars  is  illegal.  This  fee  is  the  same  for  either 
public  or  private  examination  and  is  to  be  paid  for  the  examination  and  not  for 
the  certificate.  It  should  be  paid  before  the  examination  begins  to  the  county 
treasurer  and  a  receipt  taken. 

The  examniation  must  be  quarterly  and  public.  The  dates  fixed  for  these 
quarterly  examinations  are  the  third  Thursday  and  Friday  of  March  June,  Sep- 
tember and  December.  The  written  questions  are  furnished  by  the  state  super- 
intendent and  are  uniform  throughout  the  state.  The  regulations  as  to  grading 
S— 3 


34  SCHOOL    LAWS. 

of  certificates  are  furnished  to  each  examiner  with  the  questions.  He  is  posi- 
tively forbidden  to  grant  certificates  without  examination,  or  upon  a  partial  exam- 
ination, or  to  any  one  who  does  not  reach  the  standards  adopted  by  the  law. 
The  examination  should  be  held  at  the  school  house  and  never  in  a  court  house. 
The  county  court  should  arrange  for  the  regular  use  of  a  room  in  the  school 
building. 

The  examiner  must  attend  these  examinations  in  person.  He  must  examine 
upon  all  the  branches.  He  can  only  examine  at  the  time  and  place  appointed. 
He  must  convince  himself  by  evidence  if  the  applicants  are  not  known  to  him 
that  they  are  of  good  moral  character.  He  must  exclude  every  person  who  is 
given  to  profanity,  drunkenness,  gambling,  licentiousness  or  other  demoralizing 
vices.  Such  vices  may  be  a  refusal  to  obey  the  law  as  to  institute  work  or  regu- 
lar examination  work.  A  positive  refusal  upon  the  part  of  an  applicant  or  one 
holding  a  license  to  obey  the  school  law  should  exclude  him  or  take  from  him 
his  license.  Obedience  to  law  is  the  first  mark  of  a  true  teacher,  and  no  one 
may  claim  privileges  under  it  who  refuses  to  obey  it.  He  should  ascertain  by 
direct  question  the  belief  of  every  person  as  to  the  Supreme  Being.  The  words 
"  who  is  given  to,"  mean  either  "habitual"  or  "  habitual  when  opportunity  af- 
fords." It  requires  no  nice  distinction  to  avoid  extremes  at  this  juncture.  If  the 
applicant  is  given  to  these  things  so  as  to  raise  a  question  of  doubt  in  the  mind 
of  the  examiner,  the  applicant  should  be  excluded.  The  doubt  must  be  resolved 
in  favor  of  the  schools  and  not  in  favor  of  the  applicants.  He  must  show  a 
positive  moral  character,  one  emphatically  marked  by  the  absence  of  these  vices 
and  cannot  rely  upon  the  ordinary  presumptions  of  innocence.  »  He  musst  show 
himself  clear  or  be  excluded  from  the  state's  schools. 

He  must  ascertain  from  the  examination  of  each  applicant  under  the  regula- 
tions of  the  superintendent  of  public  instruction  not  only  scholarship,  but  com- 
petency to  teach.  And  not  only  a  bare  competence,  but  a  competence  to  teach 
successfully.  And  if  the  examiner  is  not  qualified  to  pass  upon  s  question  he 
should  resign  his  office.  'Every  certificate  granted  to  one  who  is  unworthy,  either 
mentally  or  morally,  to  receive  it,  is  not  only  violation  of  law,  but  is  a  direct 
blow  at  the  heart  of  our  common  schools.  Such  a  certificate  is  an  official  license, 
not  to  elevate  and  bins?,  but  to  injure  and  degrade,  and  it  may  be  to  contaminate 
and  curse  the  school i  and  the  community.  Good  schools  can  not  be  taught  by 
incompetent  teachers ;  the  moral  atmosphere  of  the  schools  can  not  be  kept  pure 
by  profane  and  irreverent  teachers.  A  poor  school  may  be  a  great  deal  worse 
than  no  school,  and  the  state  desires  good  teachers  or  none.  There  is  no  provis- 
ion made  in  the  economy  of  the  school  system  for  the  absolutely  incompetent 
teacher.  Examiners  should  strike  down  smatterers  and  pretenders  whenever 
they  present  themselves,  no  matter  what  may  be  their  position  in  society  or  stand- 
ing among  men.  They  should  strive  to  show  directors  and  patrons  that  these 
poor  teachers  : 

I.     Plant  habits  of  study  which  are  hard  to  eradicate. 


SCHOOL    LAWS.  35 

2.  Inculcate  carelessness  and  inattention,  two  fundamental  educational  sins. 

3.  Plant  false  ideas  of  facts  and  principles. 

The  examiner  should  carefully  study  the  standard  adopted  by  the  state  super- 
intendent and  conform  thereto.  This  in  conjunction  with  the  one  adopted  by 
the  examiner  should  form  an  invariable  ru?e  of  practice  in  the  issuance  of 
certificates. 

The  state  superintendent  furnishes  the  written  questions,  but  the  examiner 
should  supplement  these  by  oral  questions. 

The  oral  method  discloses  : 

(a.)     Methods  of  teaching. 

(b.)     Skill  and  expedients. 

(c.)     Aptness  in  illustration. 

(d.)      Rapidity  of  thought. 

The  written  plan  shows  : 

(a.)     Habits  of  thinking. 

(b  )     Modes  of  reasoning. 

(c.)     Proofs  of  discipline. 

(d.)     Accuracy. 

(e.)     Acquaintance  of  principles. 

(f.)      Availability  of  knowledge. 

The  time  to  be  given  to  each  branch  is  suggested  upon  each  examination 
sheet. 

RE-EXAMINATIONS.  Every  examiner  is  required  to  cite  for  re-examination  any 
person  under  contract  to  teach  who  does  not  sustain  a  good  moral  character,  or 
who  has  not  sufficient  learning  or  ability  to  make  him  a  competent  teacher.  He 
may  ascertain  the  incompetency  to  teach  by  other  means  than  re-examination. 
He  may  visit  the  schools,  he  may  hear  the  directors  or  he  may  hear  the  parties. 
In  all  such  cases,  he  must  deal  fairly,  but  if  he  is  fully  satisfied,  he  must  revoke 
the  license. 

The  statute  permits  a  revocation  for  other  than  "  immoral  character "  and 
"mental  incompetency."  The  words  of  the  statute  are  "  for  these  and  other 
adequate  causes."  The  other  adequate  causes  are  numerous  : 

(a.)  Refusal  to  conform  to  the  law  of  the  regulations  of  the  state  superin- 
tendent. 

(b.)  Refusal  to  conform  to  the  regulations  of  directors  or  of  the  county 
examiner. 

(c.)     Refusal  to  obey  the  law  as  to  institutes  or  examinations. 

In  all  cases  of  this  kind  the  teacher  should  have  due  notice  and  a  fair  hearing. 

SEC.  7009.  It  shall  be  the  duty  of  such  examiner  to  ex- 
amine and  license  teachers  of  common  schools.  He  shall 
hold,  qu?rterly,  at  the  county  seat  of  each  county,  in  a  suita- 
ble room  to  be  provided  by  the'county  court,  a  public  ex- 


36  SCHOOL    LAWS. 

amination  for  that  purpose,  and  shall,  previous  to  holding 
such  examination,  give  at  least  twenty  days'  notice  thereof 
to  the  directors  of  each  school  district  within  the  county, 
whose  duty  it  shall  be  to  file  the  original  notice  in  their 
office,  and  post,  without  delay,  copies  of  said  notice  in  three 
or  more  of  the  most  conspicuous  places  within  their  district. 
He  shall  conduct  all  examinations  by  written  and  oral  ques- 
tions and  answers,  but  shall  grant  no  certificates  of  qualifi- 
cations except  in  accordance  with  the  provisions  of  law 
respecting  teachers'  certificates.  Act  December  7,  /#75,  sec. 
4.4.,  as  amended  by  act  March  7,  1893,  sec.  j.  See  sec.  6956. 

SEC.  7010.  He  shall  at  the  time  and  places  appointed 
for  holding  public  examinations,  examine  in  orthography, 
reading,  penmanship,  mental  and  written  arithmetic,  English 
grammar,  modern  geography,  history  of  the  United  States, 
and  in  the  theory  and  practice  of  teaching,  and  physiology 
and  hygiene. 

SEC.  7011.  All  persons  present  and  applying  for  an  ex- 
amination, with  the  intention  of  teaching,  the  examiner,  if 
convinced  that  such  persons  are  of  good  moral  character 
and  are  competent  to  teach  successfully  the  foregoing 
branches,  shall  give  such  persons  certificates,  ranking  in 
grades  to  correspond  with  the  relative  qualifications  of  the 
applicants,  according  to  the  standard  adopted. 

SEC.  7012.  He  shall  not  license  any  person  to  teach  who 
is  given  to  profanity,  drunkenness,  gambling,  licentiousness 
or  other  demoralizing  vices,  or  who  does  not  believe  in  the 
existence  of  a  Supreme  Being ;  or  shall  he  be  required  to 
grant  private  examinations. 

SEC.  7013.  He  may  cite  to  re-examme  any  person  hold- 
ing a  license  and  under  contract  to  teach  any  free  school 
within  his  county,  and  on  being  satisfied  by  a  re-examina- 
tion, or  by  other  means,  that  such  person  does  not  sustain 
a  good  moral  character,  or  that  he  has  not  sufficient  learn- 
ing and  ability  to  render  him  a  competent  teacher,  he  may, 


SCHOOL    LAWS.  37 

for  these  and  other  adequate  causes,  revoke  the  license  of 
such  person. 

SEC.  7014.  In  case  of  such  revocation,  he  shall  im- 
mediately give  notice  thereof  to  such  teacher  and  the  direc- 
tors, and  thereby  terminate  the  contract  between  the  said 
parties,  but  the  wages  of  such  teacher  shall  be  paid  for  the 
time  he  shall  have  actually  taught  prior  to  the  day  on  which 
he  received  notice  of  the  revocation  of  his  license  (k).  Act 
April  /^,  1893. 

SEC.  7015.  In  addition  to  the  branches  now  prescribed 
by  law  to  be  taught  in  the  common  schools  of  the  state,  it  is 
made  the  duty  of  the  county  examiners  of  the  several  coun- 
ties of  this  state  to  examine  all  persons  applying  for  exami- 
nation and  license  to  teach  in  such  schools  as  to  their  knowl- 
edge and  proficiency  in  the  method  of  designating  and  read- 
ing the  survey  of  the  lands  of  this  state  by  ranges,  townships 
and  sections,  and  parts  of  sections,  as  surveyed,  platted  and 
designated  by  the  government  of  the  United  States,  and  no 
such  applicant  shall  be  authorized  or  licensed  to  teach  in  any 
such  school  unless  found  upon  such  examination  proficient 
in  the  method  of  designating  and  reading  land  surveys,  as 
in  this  act  provided. 

SEC.  7016.  It  is  made  the  duty  and  especially  imposed 
upon  all  persons  teaching  in  the  public  schools,  to  teach  and 
impart  the  instructions  here  provided  for,  whenever  practi- 
cable to  do  so,  and  a  wilful  neglect  or  failure  to  discharge 
the  duties  by  this  act  imposed,  shall  be  deemed  sufficient 
cause  for  the  revocation  of  license  to  teach.  Act  February 
16,  1893. 

SEC.  7017.  He  shall  issue  three  grades  of  certificates,  to 
be  styled  respectively,  certificates  of  the  first,  and  of  the 
second  and  of  the  third  grades.  Certificates  of  the  first 

(h.}  The  power  given  the  examiner  to  revoke  license  under  these  sections  is 
not  exclusive  of  the  right  of  board  of  directors  to  terminate  a  contract  for  gross 
immorality  and  incompetency.  School  District  v.  Maury,  53-471. 


3  SCHOOL    LAWS. 

grade  shall  be  valid  in  the  county  for  which  they  were 
issued,  for  two  years.  Those  of  the  second  grade  shall  be 
valid  in  the  county  for  which  they  were  issued,  for  one 
year.  Those  of  the  third  grade  shall  be  valid  in  the  county, 
six  months.  But  he  shall  not  renew  any  certificate  or  grant 
a  license  without  an  examination  of  the  applicant  with 
reference  thereto. 

No 'certificate  can  be  granted  or  renewed  without  a  re  examination.  The  ex- 
amination is  a  personal  one.  The  special  trust  is  reposed  in  the  abilities,  judg- 
ment, skill  and  learning  of  the  examiner,  and  as  a  consequence,  the  services 
must  be  personal.  It  is  a  violation  of  law  for  an  examiner  to  adopt  as  his  own 
an  examination  held  by  another ;  it  is  also  unlawful  to  grant  a  certificate  or 
renew  a  license  without  an  examination,  no  matter  what  recommendations  or 
testimonials  the  applicant  presents.  Every  certificate  issued  by  the  examiner 
should  show  upon  its  face  the  degree  of  qualification  possessed  by  the  applicant 
in  e.ach  of  the  branches  named  in  the  law.  Blanks  are  issued  by  the  state  su- 
perintendent in  conformity  to  law,  and  these  should  be  tollowed  by  each  examin- 
ing officer.  Certificates  issued  in  blank  should  be  carefully  avoided. 

PRIVATE  EXAMINATIONS. 

The  examiner  is  not  required  to  grant  a  private  examination.  A  private  ex- 
amination is  one  held  at  other  than  the  regular  quarterly  dates.  A  private  ex- 
amination does  not  mean  one  less  difficult  or  less  comprehensive  than  the  public 
examination.  Its  character  is  exactly  like  the  public  examination  in  every  par- 
ticular, save  that  it  is  held  at  an  irregular  time.  Every  regulation  and  require- 
ment which  attaches  to  the  stated  public  examination  attaches  to  every  private 
examination,  and  it  is  an  open  violation  of  law  to  conduct  them  on  any  basis 
other  than  this.  Private  examinations  are  not  occasions  tor  the  examiner  to  do 
in  a  corner  what  he  cannot  do  publicly.  Examiners  should  never  grant  a  private 
examination  unless  under  a  pressing  public  necessity  certified  to  by  the  board  of 
directors  whose  interests  are  affected. 

SEC,  7018.  He  shall  keep  a  record  of  the  age,  name, 
sex,  post-office  address  and  nativity  of  each  person  licensed 
by  him  to  teach,  and  of  the  date  and  grade  of  his  certifi- 
cate, and  shall  include  such  record  in  his  report  to  the  state 
superintendent. 

This  record  has  been  furnished  to  each  examiner  of  the  state,  but  the  report 
to  the  superintendent  has  not  been  complied  with. 

SEC.  7019.  He  shall  encourage  the  inhabitants  to  form 
and  organize  school  districts,  to  establish  public  schools 


SCHOOL   LAWS.  39 

therein,  under  qualified  teachers,  to.  furnish  suitable  text- 
books for  their  children  and  to  send  them  to  school.  He 
shall  direct  the  attention  of  teachers  and  school  patrons  to 
those  methods  of  instruction  that  will  best  promote  mental 
and  moral  culture,  and  to  the  most  feasible  and  improved 
plan  for  building  and  ventilating  school  houses.  He  shall 
labor  to  create  among  the  people  an  interest  in  public 
schools,  and  shall  take  advantage  of  public  occasions,  such 
as  the  dedication  of  school  houses,  public  examinations  and 
institutes,  to  impress  people  with  the  importance  of  educat- 
ing every  child,  and  consequently  of  the  duty  of  maintain- 
ing a  system  of  free  schools  established  by  law.  He.shall 
receive  the  reports  of  the  directors,  transmit  an  abstract  of 
the  same  to  the  state  superintendent,  and  transmit  there- 
with a  report  of  the  condition  and  prospects  of  the  schools 
under  his  superintendence,  together  with  such  other  infor- 
mation and  suggestions  as  he  may  deem  proper  to  com- 
municate. 

The  best  place  for  the  performance  of  the  chief  part  of  these  duties  is  at  the 
county  institute.  No  man  who  can  not  or  will  not  do  the  things  required  by  this 
section-  should  accept  the  office  of  examiner. 

The  interests  of  education  in  each  county  would  be  largely  advanced  if  ex- 
aminers took  advantage  of  all  public  occasions  to  do  their  duty.  The  whole 
duty  of  an  examiner  is  not  to  mark  examination  papers  and  draw  the  fees  there- 
for. Neither  are  these  duties  to  be  separated  from  the  duties  of  examination 
and  classed  as  "  requirements  without  compensation."  The  whole  duties  of  the 
office  must  be  taken  together  and  the  total  fees  collected  are  to  be  considered  as 
full  payment  for  the  full  performance  of  all  duties.  The  negligence  of  examiners 
to  do  any  one  of  the  public  acts  required  by  this  section,  or  to  properly  abstract 
the  reports  of  the  directors  should  work  removal  from  office  at  once.  In  many 
cases  the  blame  for  deficient  examiners'  reports  is  cast  upon  the  directors  when 
the  truth  is  that  the  examiners  are  too  negligent  or  too  lazy  to  do  the  work. 

Political  or  religious  considerations  should  not  bias  an  examiner  in  granting 
certificates.  If  he  cannot  be  thoroughly  impartial  he  is  not  the  man  for  the 
office. 

The  department  of  education  looks  with  disfavor  on  private  normals,  held  by 
county  examiners  to  coach  teachers  for  quarterly  examinations.  He  should  be 
absolutely  disinterested  in  every  particular,  except  as  to  merits  and  qualification. 


4O  SCHOOL    LAWS. 

SEC.  7020.  He  shall,  annually,  on  or  before  the  twen- 
tieth of  September,  prepare  in  tabular  form  an  abstract  of  the 
reports  made  to  him  by  the  directors  of  the  school  districts 
embraced  within  his  county,  showing  the  number  of  organized 
districts  in  his  county  at  the  commencement  of  the  year,  on 
the  first  day  of  July  preceding,  the  districts  that  have  made 
their  annual  reports,  the  number  of  persons  in  each  district 
between  the  ages  of  six  and  twenty-one  years,  distinguish- 
ing the  sex  and  also  the  color  of  said  persons  ;  the  num- 
ber of  said  persons  that  attended  school  during  the  year; 
the  average  number  of  males  and  females  of  each  color  in 
daily  attendance  ;  and  the  number  that  pursued  each  of  the 
studies  designated  to  be  taught  in  the  common  schools  ;  the 
number  of  teachers  of  each  sex  employed  in  his  county ; 
the  average  wages  paid  per  month  to  the  teachers  of  each 
sex,  according  to  the  grade  of  their  certificate  ;  the  whole 
amount  paid  as  teachers'  wages  in  his  county  ;  the  number 
of  pupils  that  studied  in  his  county,  and  the  several  branches 
taught;  the  number  of  school  houses  erected  during  the 
year  in  his  county,  material  and  cost  of  the  same  ;  the  number 
before  erected,  the  material  used  in  their  construction,  their 
condition  and  value  ;  the  grounds  of  how  many  inclosed  ; 
the  amount  of  money  raised  by  tax  in  each  district,  for 
what  purpose  raised;  the  amounts  that  have  been  expended, 
and  for  what  purpose ;  the  amount  of  revenue  received  by 
his  county  from  the  common  school  fund,  and  received  for 
the  support  of  schools  from  each  of  all  other  sources;  for 
what  purposes  and  in  what  sums  the  said  revenues  were  ex- 
pended, and  what  amounts  unexpended  were,  at  the  close 
of  the  school  year,  in  the  county  treasury ;  and  shall  report 
also  the  number  of  deaf-mutes,  blind  and  insane  in  each 
school  district  in  his  county,  under  thirty  years  of  age,  their 
names  and  their  post-office. 

SEC.  7021.  He  shall  number  the  several  school  districts 
in  his  county  in  regular  order  from  number  one  upward,  and 


SCHOOL    LAWS.  41 

shall  keep  in  his  office  a  record  and  description  of  each  dis- 
trict, with  the  boundaries  clearly  defined,  and  also  a  record 
of  such  changes  or  alterations  in  the  boundaries  of  each  as 
shall  from  time  to  time  be  made. 

SEC.  7022.  He  shall  have  power  to  appoint  some  suita- 
ble person  to  hold  teachers'  institutes  and  examine  teachers 
in  his  county  in  case  of  his  inability  to  attend  such  institutes 
and  examinations.  Act  December  7,  1875,  sees.  45-52. 

SEC.  7023.  If  any  county  examiner  shall  be  found  in- 
competent, or  shall  be  frequently  neglectful  of  his  duty, 
upon  satisfactory  proof,  the  county  judge  shall  remove  him 
from  office  and  shall  immediately  appoint  his  successor. 
Act  Match  ii,  1881,  sec.  7. 

SEC.  7024.  If  any  county  examiner  shall  neglect,  fail  or 
refuse  to  perform  any  of  the  duties  required  of  him  in  sec- 
tion 7020,  and  shall  not  forward  the  abstract  mentioned  in 
said  section  to  the  superintendent  of  public  instruction  on  or 
before  the  twentieth  day  of  September  of  each  year,  he 
shall  forfeit  to  the  county  the  sum  of  twenty-five  dollars,  to 
be  recovered  as  in  this  act  provided,  together  with  all  cost, 
and  be  paid  into  the  county  treasury.  Act  of  March  //, 
1881,  sec.  n. 

SEC.  7025.  Each  county  examiner  shall  make  out  and 
present  to  the  county  court  of  his  county,  at  its  first  term 
after  the  thirtieth  of  June  in  each  year,  an  account  for  ex- 
penditures for  postage,  county  district  records,  or  a  school 
district  map  of  the  districts  of  his  county,  and  of  freight 
or  express  charges  for  the  transmission  of  blanks  or  such 
other  expenditures  as  he  may  have  actually  and  unavoida- 
bly incurred,  and  the  county  court  may  allow  the  same  in  any 
sum  not  exceeding  twenty-five  dollars  in  any  one  year,  in- 
cluding ten  dollars  for  his  report  to  the  superintendent  of 
public  instruction. 

SEC.  7026.  When  the  county  court  shall  have  allowed 
the  account  of  the  county  examiner  as  provided  in  the  pre- 


42  SCHOOL    LAWS. 

ceding  section,  the  county  clerk  shall  issue  a  warrant  upon 
the  treasurer  for  said  claim,  and  upon  presentation  of 
said  warrant  to  the  county  treasurer,  he  shall  pay  the 
same  out  of  the  common  school  funds  in  his  hands  belong- 
ing to  the  county  and  not  yet  apportioned  to  the  several 
school  districts.  Act  March  2,  i88j,  sees.  2,  j. 

DECISIONS. 

It  has  been  held  that  a  county  superintendent  is  not  entitled  to  an  injunction 
to  restrain  one  from  teaching  on  the  ground  that  he  is  teaching  without  a  certifi- 
cate of  qualifications. 

Perkins  v.  Wolf  et  al.,  1 7  Iowa,  228. 

When  a  statute  vests  a  discretionary  power  in  a  county  superintendent  in 
granting  licenses  to  teach,  the  judgment  of  the  court  will  not  be  substituted  for 
that  of  the  officer,  and  mandamus  will  not  lie  to  compel  him  to  issue  a  license, 
but  where  he  wholly  fails  to  act  on  an  application  he  may  be  compelled  by  man- 
damus to  take  action  thereon. 

JSailey   v.  £war(,  Northwestern   Reporter  vol.  2,  JV.  S.  vol.  2,  page 

1009. 

High's  Extraordinary  Legal  Remedies,  sees.  24,  34,  43. 
Love  v.  Moore,  45  ///.,  12. 

ANNUAL  SCHOOL  MEETING. 

SEC.  7027.  The  electors  of  each  organized  school  dis- 
trict in  this  state  shall  annually,  on  the  third  Saturday  in 
May,  at  2  o'clock  p.  m.,  hold  a  public  meeting,  to  be  desig- 
nated "  The  annual  school  meeting  of  the  district."  Act 
December  7,  i8j$,  sec.  54.,  as  amended  by  act  March  //,  1881. 

SEC.  7028.  All  persons  qualified  to  vote  for  county  and 
state  officers  at  the  general  election  shall  be  deemed  quali- 
fied electors  of  the  school  district  in  which  they  reside,  and 
shall  have  the  privilege  of  voting  at  all  school  meetings. * 

SEC.  7029.  The  electors  of  every  school  district  shall, 
when  lawfully  assembled  in  annual  district  school  meeting, 
with  not  less  than  five  electors  present,  have  the  power,  by  a 
majority  of  the  votes  cast  at  such  meeting  :  First,  to  choose 

*This  section  (7028)  declares  who  are  electors  in  a  school  meeting.  Since  a 
poll-tax  receipt  is  necessary  before  voting  for  county  and  state  officers,  it  will  be 
necessary  before  voting  in  a  school  election. 


SCHOOL    LAWS.  43 

a  chairman  ;  second,  to  adjourn  from  time  to  time;  third, to 
appoint,  when  necessary,  in  the  absence  of  the  directors  of 
the  district,  a  clerk  pro  tern.;  fourth,  to  elect  a  director  for 
the  district  for  the  next  three  school  years,  who  can  read 
and  write  ;  fifth,  to  designate  a  site  for  a  school  house  ; 
sixth,  to  determine  the  length  of  time  during  which  a  school 
shall  be  taught  more  than  three  months  in  a  year;  seventh, 
to  determine  what  amount  of  money  shall  be  raised  by  tax 
on  the  taxable  property  of  the  district,  sufficient,  with  the 
public  school  revenues  apportioned  to  the  district,  to  defray 
the  expenses  of  a  school  for  three  months,  or  for  any  greater 
length  of  time  they  may  decide  to  have  a  school  taught 
during  the  year;  Provided,  No  tax  for  purposes  aforesaid 
greater  than  one-half  of  one  per  cent,  on  the  assessed  value 
of  the  taxable  property  of  the  district  shall  be  levied ;  And 
provided,  further.  They  may,  if  sufficient  revenue  cannot  be 
raised  to  sustain  a  school  for  three  months  in  any  one  year, 
determine  by  ballot  that  no  school  shall  be  taught  during 
such  year,  in  which  case  the  revenue  belonging  to  such  dis- 
trict shall  remain  in  the  treasury  to  the  credit  of  such  school 
district;  eighth,  to  repeal  or  modify  their  proceedings  from 
time  to  time  (/). 

The  powers  of  the  electors  as  enumerated  herein  when  legally  exercised  are 
final,  and  absolutely  determine  the  matters  named  in  the  enumeration.  Rut 
should  the  electors  presume  to  act  upon  other  matters  not  herein  enumerated  their 
action  would  be  advisory  and  not  mandatory.  For  instance  ;  should  the  electors 
vote  upon  the  teacher  to  be  employed,  or  the  time  when  the  school  should  begin, 
or  the  wages  to  be  paid  the  teacher,  their  action  would  not  preclude  the  directors 
from  acting  differently.  All  such  matters  are  given  into  the  hands  of  the  direct- 
ors, and  while  the  electors  may  advise  they  may  not  direct  upon  any  matter  not 
enumerated  in  the  law. 

The  enumerated  powers  of  the  electors  are  : 

I.  To  choose  a  chairman.  Failure  to  choose  a  chairman  does  not  invalidate 
the  election  by  ballot  held  by  judges  and  clerks  under  the  law. 

(«'.)  Directors  have  no  power  to  build  a  school  house  with  funds  of  the  district 
unless  authorized  to  do  so  at  the  annual  school  meeting,  and  a  contract  made  for 
such  purpose  under  authority  conferred  by  a  special  meeting  held  in  June,  is 
void.  Fluty  v.  School  District,  49-94. 


44  SCHOOL    LAWS. 

2.  To  adjourn  from  time  to  time.     If  there  is  any  business  that  cannot  be  at- 
tended to  at  the  annual  school  meeting  an  adjourned  meeting  or  meetings  should 
be  provided  for  at  the  annual  meeting.     Otherwise  it  must  wait  the  next  regular 
annual  meeting. 

3.  To  appoint  a  clerk. 

4.  To  elect  a  director  for  the  district  for  the  next  three  school  years  who  can 
read  and  write.     Electors    have    no  more  right  to    elect  a  director    who  cannot 
read  and  write    than    they  have   to  elect  a  director  who  lives  in  another  state  or 
who  is  not  an   elector;  and  such  an    election  confers  no  right  to  hold  the  office. 
Section  7°4°  authorizes  the  electors  to  elect  a  director  to  fill  vacancies,  and  this 
should  be  done  at  the  same  time  that  the  director  is  chosen  who  is  to  serve  three 
years.     To  distinguish  between  the  director  who  is  to  serve  three  years  and  the 
one  who  is  to  fill  the  vacancy  the  tickets  in  such  cases  should  indicate  in  addition 
to  the  men's  names  the    length  of  term  for  which  the  director  is  to  serve.     The 
words  "regular  term,"    "  two  years,''  and  "  one  year,"  are    a  sufficient  marking. 
The  elector  has  the  right  not  only  to  vote  for  any  eligible  person  for  director,  but 
in  cases  where  vacancies  are  to  be  filled  'to  vote  for  the  man  and  the  place  he  is 
to  fill  or  the  :ime  he  is  to  serve..     Votes  cast  for  the  same  person  but  for  different 
times  must  be  counted  separately. 

5.  To  designate  a  site  for  a  school  house.     This  action   may  be  taken  at  the 
annual  meeting,  or  at  an  adjourned  meeting  of  the  annual  meeting.     No  special 
meeting  may  be  called  to  do  this  or  any  other  act  enumerated  in  the  section  ex- 
cept the  election  of  a  director  to  fill  a  vacancy.     Before  the  site  may  be  lawfully 
designated  at  such  annual  meeting  the  notice  required  by  section  7053  must  have 
been  given. 

6.  To  determine  the  length  of  time   during    which  a  school    shall    be  taught 
more    than  three  months   in   a  year.     This  has  given  rise  to  some  confusion  of 
thought  and  action.     Electors    seem  to  think  that  unless  they  have  voted  affirm- 
atively for  an  extended   term  that  three    months  is  the  limit  of  the  school  term. 
This  is  not  the  case.    The  object  for  which  taxes  are  levied  is  to  maintain  schools. 
This  is  affirmed  in  both  constitution  and  law.     Now,  if  the  money  apportioned 
to  the  district  from  the  state  and  from  the  per  capita  tax  is  sufficient  to  maintain 
a  school  for  more  than  three  months  it  is  the  duty  of   the  directors,  without  any 
affirmative  action  on  the  part  of  the  electors,  to  maintain  the  school.    The  whole 
object  of  the  statute  was  to  prevent  directors  from  incurring  debt,  and  to  permit 
the  electors  to  provide  money  by  local  tax  for  an  extended    term,  provided  such 
tax  were  needed.     And  if  the  electors,  without  specifically  voting  for  an  extended 
term,  vote  such  a  local  tax  upon  themselves  as  will  maintain  an  extended  term,  it 
is  tantamount    to  saying    they  voted  to  extend  the  school.     It  cannot  be  argued 
that  men  will  levy  a  tax  upon  themselves  to  remain  idle  in  the  treasury.     Direct- 
ors may  lawfully  maintain  a  school  to  the  limit  of  the  funds  on  hand  or  that  will 
be  on  hand  by  operation  of  law   during  the  year.     They  cannot  go  beyond  this. 
Directors  are  required  to  maintain  a   school  for  three  months  at  least,  and  if  the 


SCHOOL    LAWS.  45 

funds  are  not  sufficient  to  defray  all  expenses  of  such  school  a  lesser  term  may  not 
be  contracted  for  unless  the  electors  have  either  failed  to  vote  by  ballot  that  no 
school  shall  be  taught  that  year,  or  have  voted  down  the  proposition  of  no  school. 
In  such  cases  the  only  alternative  for  the  directors  is  to  maintain  the  school  for 
the  longest  time  consistent  with  the  means  on  hand.  Where  directors  have 
money  sufficient  to  maintain  a  three  months'  school  any  shorter  term  is  unlawful. 
No  term  of  school  of  three  months  should  be  divided.  It  should  go  on  continu- 
ously to  the  end. 

7.  To  determine  what  amjunt  of  money  shall  be  raised  by  taxation  to  defray 
the  expenses  of  a  school  for  three  months  or  for  any  greater  length  of  time.     If 
this  amount  is  not  determined  by  the  viva  voce  vote  of  the  electors  in  the  annual 
meeting,  but  a  local  tax  is  levied  nevertheless  by  ballot  at  the  election  following 
the  mass  meeting,  the  local  tax  must  be  taken  as  the  determination  of  this  ques- 
tion, and  the  directors  are    thereby  authorized    to   maintain  the  school  for  three 
months  or  for  such  longer  term  as  the  tax  levied  will  justify.     If  the  tax  levied 
is  specifically  devoted  to  building,  repairs,  or  any  other  object,  it  may  not  be  ap- 
propriated to  the  payment  of  teachers'  salaries. 

8.  To  repeal  and  modify  their  proceedings.     The  annual    meeting,  or  mass 
meeting,  of  the  electors  should  be  attended  by  all  the  electors.     The  account  of 
the  directors  should  be  investigated  by  committee  or  by  the  whole  body ;  ques- 
tions affecting  the  interest  of  the  district  should  be  discussed  calmly  and  dispas- 
sionately; the  good  of  the  school  should   govern  every  citizen  who   attends  the 
meeting.     After  the  mass  meeting  the -election   should    begin  by  ballot  and  pro- 
ceed   regularly  under    the  law.     Good  sense,  good   order  and  patriotism  should 
characterize  every  mass  meeting  of  citizens. 

Besides  these  powers,  the  electors  are  authorized  by  section  7042,  to  direct  the 
sale  or  exchange  of  the  site  or  school  house ;  and  by  section  7065,  to  direct  the 
use  of  the  school  house  with  reference  to  private  schools ;  and  by  section  7050 
to  direct  the  proceedings  in  all  actions  and  suits  at  law  brought  for  or  against  the 
district,  if  they  elect  to  do  so. 

DECISIONS. 

Where  a  meeting  of  a  school  district  is  held  for  a  special  purpose,  all  that  is 
necessary  in  the  form  of  the  notice  is  that  it  should  be  so  expressed  as  that  the 
inhabitants  of  the  district  may  fairly  understand  the  purpose  for  which  they  are 
convened. 

School  District  v.  Blakeslee,  13  Conn.,  227. 
Weeks  v.  Batchelder,  41    Vt.,  317. 
Moore  v.  Beattie,  33  Vt.,  219. 
Bart  left  v.  Kinsley,  15  Conn.,  227. 
Reasonable  time  for  opening  meeting  after  convening. 

School  District  v.  Blakeslec,  13  Conn.,  227. 

Money  for  school  purposes  may  be  voted  at  an  adjourned  meeting  in  New 
Jersey. 


46  SCHOOL    LAWS. 

State  v.  Lewis,  35  N.  J.  L.,  .377. 

Where  it  appears  that  a  site  for  a  school  house  has  been  chosen,  it  will  not  be 
invalidated  because  the  clerk  has  made  irregularittes  or  omissions  in  describing 
the  site  selected. 

Merritt  v.  Farris,  22  ///.,  303. 

Record  of  the  school  meeting,  how  attacked  and  the  presumptions  of  law  flow- 
ing from  it. 

School  District  v.  Blakeslee,  13  Conn.,  227. 
Bartlett  v.  Kinsley,  15  Conn.,  327. 
School  District  v.  Atherton,  12  Met.  (Mass.),  105. 
As  to  posting  of  notices. 

Fletcher  v.  Lincolnville,  20  Me.,  439 

SEC.  7030.  Tne  annual  district  election  shall  be  held  by 
the  school  directors  as  judges,  who  shall  have  power  to  ap- 
point two  clerks;  and  if  any  of  the  directors  should  not  at- 
tend, the  assembled  voters  may  choose  judges  in  the  place 
of  those  not  attending,  and  the  judges  and  clerks  shall  take, 
the  oath  prescribed  by  the  general  election  law. 

SEC.  7031.  The  ballot  of  the  voter  shall,  in  addition  to 
the  names  of  the  persons  voted  for  as  directors,  have  written 
or  printed  on  it  the  words  "  for  tax,"  or  "  against  tax,"  and 
also  the  amount  of  tax  the  voter  desires  levied. 

SEC.  7032.  When  the  polls  are  closed  (/)  the  judges 
shall  proceed  to  count  the  votes,  ascertain  the  result  and 
make  return  thereof  to  the  county  court,  showing  the  num- 
ber of  votes  cast  for  each  person  voted  for  for  school  direc- 
tor, also  the  number  cast  for  and  against  tax,  and  the  num- 
ber of  votes  cast  for  each  amount  or  rate  of  tax  voted  for  (k) ; 
such  return,  together  with  the  ballots,  shall  be  sealed  up  and 
delivered  by  one  of  the  judges  to  the  county  clerk,  at  least 

(/.)  As  to  time  for  opening  and  closing  the  polls,  see  Holland  v.  Davies, 
36-446. 

(k.}  Unless  the  judges  make  return  of  the  election  or  vote  to  the  county  court, 
it  can  not  levy  the  tax.  Hodgkin  v.  Fry,  33-716.  The  omission  of  the  judges 
to  state  in  their  return  the  number  of  votes  cast  for  and  against  the  proposed  tax 
will  not  defeat  a  levy  adopted  by  the  meeting.  Holland  v.  Davies,  36-446  ; 
Staley  v.  Leomans,  53-428.  As  to  other  irregularities,  see  Holland  v.  Daviest 
supra,  and  Rogers  v.  Kerr,  42-100. 


SCHOOL    LAWS.  47 

ten  days  before  the  meeting  of  the  county  court  for  levying 
taxes. 

SEC.  7033.  The  county  court,  at  its  said  meeting  for 
levying  taxes,  shall  open  the  return  and  ascertain  whether  a 
majority  of  the  votes  cast  be  for  tax  ;  and  if  a  tax  has  been 
voted,  then  the  court  shall  determine  the  amount  of  taxes 
voted  by  taking  the  largest  amount  or  rate  of  taxation  voted 
for  by  a  majorit)'  of  the  voters,  which  shall  be  levied  and 
collected  by  the  district  so  voting;  and  if  no  rate  shall  have 
received  such  majority,  then  all  the  votes  cast  for  the  highest 
rate  shall  be  counted  for  the  next  highest,  and  so  on,  till 
some  rate  voted  shall  receive  a  majority  of  all  the  votes 
cast.  Act  December  7,  1875,  sees.  55  and  56,  as  amended  by 
act  April  10,  1893,  sec.  4.. 

SEC.  7034.  All  taxes  voted  for  school  purposes  by  any 
sciiool  district  shall  be  levied  by  the  county  court  at  the 
same  time  the  county  taxes  are  levied,  and  shall  be  collected 
in  the  same  manner  as  the  county  taxes  are  collected,  at 
the  same  time  and  by  the  same  person,  and  be  paid  into  the 
county  treasury,  there  to  be  kept  subject  to  disbursement  on 
the  warrant  of  the  school  directors  ;  Provided,  No  tax  for 
the  purposes  aforesaid  greater  than  one-half  of  one  per 
cent,  on  the  assessed  value  of  the  taxable  property  of  the 
district  shall  be  levied,  which  shall  be  done  by  ballot  (/). 
Act  December  7,  /#75,  sec.  4.1. 

SCHOOL    DIRECTORS. 

SEC.  7035.  At  the  annual  school  meeting,  held  on  the 
third  Saturday  in  May,  there  shall  be  elected,  by  the  legal 
voters  in  each  school  •district,  a  director,  who  shall  hold  his 
office  for  the  term  of  three  years,  and  until  his  successor 

(/.)  The  county  court  has  no  power  to  levy  a  school  tax  independent  of  action 
on  the  part  of  the  electors  of  each  school  district  for  which  the  tax  is  levied  ;  it 
can  only  cause  to  be  placed  on  the  tax-books  and  collected  such  rates  as  are  re- 
ported from  the  districts.  An  excessive  levy  vitiates  the  whole  tax.  Worthen  v. 
Badgett,  32-496.  See  Ry.  v.  Parks,  Ib.,  131  ;  Rogers  v.  Kerr,  42-100. 


48  SCHOOL    LAWS. 

shall  have  been  elected  and  h^ve  qualified.  Provided,  At  the 
first  annual  school  meeting  of  the  district  after  the  passage 
of  this  act,  three  school  directors  shall  be  elected,  to  hold 
office  one,  two  and  three  years,  respectively ;  Provided, 
further.  When  a  new  school  district  shall  have  been  formed 
under  the  provisions  of  this  act,  three  directors  shall  be  im- 
mediately elected  by  the  electors  of  the  new  district,  and 
shall  hold  their  office  for  one,  two  and  three  years,  respec- 
tively, and  until  their  successors  are  elected  and  qualified  as 
herein  provided  for.  Act  December  7,  /£/5,  sec.  57,  as 
amended  by  act  March  n,  1881,  sec.  2,  and  act  January  30, 
1889. 

SEC.  7036.  The  judges  of  any  school  election  of  this  state 
for  school  directors  shall  within  five  days  after  said  election 
gi/e  to  the  said  elected  director  a  certificate  of  his  election, 
who  shall  within  ten  days  thereafter  take  the  oath  of  office 
prescribed  for  directors,  and  file  the  same,  together  with  his 
certificate  of  election,  with  the  county  clerk  of  his  county, 
and  enter  at  once  upon  the  duties  of  his  office  (m).  Act 
January  30,  i8$g. 

SEC.  7037.  An  old  director  shall,  upon  application  of  an 
incoming  director,  administer  to  him  the  oath  of  office. 
Act  March  //,  1881,  sec.  5. 

SEC.  7038.  Any  person  who  shall  have  been  elected  or 
appointed  a  director,  and  shall  neglect  or  refuse  to  qualify 
and  serve  as  such,  shall  forfeit  to  his  district  the  sum  of  ten 
dollar?,  which  may  be  recovered  by  action  against  him  at  the 
instance  of  any  elector  in  the  district,  and  which,  when  col- 
lected, shall  be  paid  into  the  county  treasury  by  the  officer 
before  whom  the  action  was  maintained,  and  added,  by  the 
treasurer,  to  the  school  fund  revenues  appropriated  to  the 
district. 


(/•«.)  For  decision  under  this  section  before  amended  to  read  as  now,  see 
Schwl  District  v.  Bennett,  52-511.  It  is  not  sufficient  to  take  the  oath  orally. 
School  District  v.  Bennett,  52-428. 


SCHOOL    LAWS.  49 

SEC.  7039.  Any  director  who  shall  neglect  or  fail  to  per- 
form any  duties  of  his  office  shall  forfeit  to  his  district  the 
sum  of  twenty-five  dollars,  to  be  recovered  as  directed  in  the 
preceding  section,  and  to  add  in  like  manner  to  the  school 
fund  revenues  apportioned  to  his  district. 

This  section  gives  a  penalty  for  a  violation  of  any  duty  enjoined  upon  the  di- 
rectors, and  may  be  recovered  at  the  instance  of  any  elector. 

SEC.  7040.  If  the  office  of  any  director  in  a  district  be- 
comes vacant,  the  electors  of  said  district  shall,  in  a  district 
meeting  assembled,  within  fifteen  days  after  the  occurrence 
of  such  vacancy,  elect  a  director  to  serve  the  remainder  of 
the  unexpired  term  ;  but  if  ttye  district  in  which  such  va- 
cancy occurs  neglects  or  fail  to  elect  a  director  to  fill  such 
vacancy,  then  the  county  court  shall  appoint  from  the  elec- 
tors of  said  district  a  director  to  serve  the  remainder  of  the 
term. 

From  section  7036  it  is  plain  that  the  last  day  upon  which  the  newly-elected 
director  may  take  the  oath  of  office  may  be  fifteen  days  from  the  third  Saturday 
in  May.  In  case  no  director  is  elected  the  vacancy  named  in  this  section, 
would  begin  on  the  fifteenth  day  after  the  third  Saturday  in  May,  and  the  elec- 
tors will  have  the  right  within  fifteen  days,  or  within  thirty  days  after  the  annual 
meeting  to  elect  a  director  for  a  vacancy  caused  by  a  failure  to  elect  at  the 
proper  time.  For  a  vacancy  caused  by  death,  resignation  or  otherwise,  the  elec- 
tors have  fifteen  days  from  the  date  of  such  death,  resignation  or  other  occur- 
rence which  caused  the  vacancy  to  fill  the  same. 

SEC.  7041.  The  said  board  sh'all  make  provisions  for  es- 
tablishing separate  schools  for  white  and  colored  children 
and  youths  (;/),  and  shall  adopt  such  other  measures  as  they 
may  judge  expedient  for  carrying  the  free  school  system 
into  effectual  and  uniform  operation  throughout  the  state, 

(«.)  It  is  the  duly  of  directors  to  provide  equal  school  facilities  for  blacks  and 
whites.  Maddox  v.  Neal,<\$-\2\.  The 'board  of  directors  cannot  claim  to  ap- 
portion the  schoof  funds  and  limit  the  school  terms  to  each  class  according  to  its 
scholastic  population.  Ib. 

S— 4 


5O  SCHOOL    LAWS. 

and  providing,  as  nearly  as  possible,  for  the  education  of 
every  youth  (o}. 

The  duty  of  establishing  separate  schools  for  both  races  is  mandatory.  If 
there  are  eleven  or  more  black  children,  or  eleven  or  more  white  children,  they 
must  have  a  school.  Ten  black  children  or  a  less  number,  or  ten  white  children 
or  less  should  be  transferred  to  an  adjoining  district  under  the  provisions  of 
the  act  approved  April  3,  1891.  See  sec.  7062. 

In  the  case  of  Maddox  et  al.  v.  Neal  et  a!.,  Ark.  Rep.,  121,  the  supreme 
court  of  this  state  says  :  "A  wide  range  of  discretion  is  vested  in  these  boards 
by  the  statute  in  the  matter  of  the  government  and  details  of  conducting  of  the 
common  schools,  but  in  the  nature  of  things,  there  is  a  limit  to  this  discretion. 
Some  positive  and  imperative  duties  are  imposed  upon  them  about  which  they  have 
no  discretion.  The  first  and  most  important  duty  of  the  board  is  to  make  pro- 
visions for  establishing  schools.  When  the  funds  are  provided,  and  the  directors 
are  not  otherwise  instructed  by  the  school  meeting  of  the  district,  the 
duty  to  provide  a  school  for  at  least  three  months  is  mandatory,  and  the 
duty  to  establish  separate  schools  for  the  whites  and  blacks  is  also  incum- 
bent on  them.  All  the  provisions  of  the  law  in  relation  to  schools,  in  con- 
formity to  the  constitutional  mandate,  are  general,  and  the  system,  as 
far  as  the  statute  can  make  it,  is  uniform.  No  duty  is  imposed  upon 
or  discretion  given  to  the  directors  about  schools  for  one  race  that  is 
not  applicable  to  the  other.  It  is  the  clear  intention  of  the  constitution 
and  statutes  alike  to  place  the  means  of  education  within  the  reach  of  every 
youth.  Education  at  the  public  expense  has  become  a  legal  right  extended  by 
the  hws  to  all  the  people  alike.  No  discrimination  on  account  of  nationality, 
caste  or  other  distinction  has  been  attempted  by  the  law-making  powers.  The 
boards  of  directors  are  only  the  agents,  the  trustees  appointed  to  carry  out  the 
system  provided  for.  Their  powers  are  no  greater  than  the  authority  conferred 
by  legislation.  They  can  do  nothing  they  are  not  expressly  authorized  to  do,  or 
which  does  not  grow  out  of  their  expressed  powers.  *  *  *  The  opportunity 
of  instruction  in  public  schools,  given  by  the  statute  to  all  the  youths  of  the  state, 
is  in  obedience,  as  we  have  seen,  to  special  command  of  the  constitution,  and  it 
is  obvious  that  a  board  of  directors  can  have  no  discretionary  power  to  single 
out  part  of  the  children  by  the  arbitrary  standard  of  color,  and  deprive  them  of 
the  benefits  of  the  school  privilege.  To  hold  otherwise  would  be  to  set  the  dis- 
cretion of  the  directors  above  all  law." 

SEC.  7042.     The  directors  shall  have  charge  of  the  school 
affairs  and  of  the  school  educational  interests  of  their   dis- 

(0.)  In  the  discharge  of  their  duties,  in  this  section  prescribed,  the  board  has 
discretion,  but  when  it  fails  to  perform  its  duties  mandamus  will  lie  to  compel 
it  to  do  so.  Maddox  v.  Neal,  45-121. 


SCHOOL    LAWS.  51 

trict,  and  shall  have  the  care  and  custody  of  the  school 
houses  and  grounds,  the  books,  records,  papers  and  other 
property  belonging  to  the  district,  and  shall  carefully  pre- 
serve the  same,  preventing  waste  and  damage  ;  and  shall 
purchase  or  lease,  in  the  corporate  name  of  the  district,  such 
school-house  site  as  may  be  designated  by  a  majority  of  the 
legal  voters  at  the  district  meeting;  shall  hire,  purchase  or 
build  a  school  house  with  funds  provided  by  the  district  for 
that  purpose  ;  and  may  sell  or  exchange  such  site  or  school 
house,  when  so  directed  by  a  majority  of  the  electors  of  any 
legal  meeting  of  the  district  (p) 

In  general,  school  property  is  to  be  used  for  the  purposes  of  education.  It  ap- 
pears that  the  legislature  has  not  inhibited  the  directors  from  permitting  the  school 
house  to  be  used  temporarily  and  occasionally  for  other  purposes.  In  Indiana 
it  has  been  held  that  a  school  house  may  be  used  for  township  purposes. 

Trustees  v.  Osborne,  9  Ind.,  458 

The  school  house  may  be  used  for  all  lawful  school  district  meetings  of  the 
electors  or  directors. 

In  Iowa  it  has  been  held  that  the  electors  may  direct  the  use  of  school  houses 
for  religious  purposes.     So  in  Ohio  and  Vermont. 
Chapin  v.  Hill,  24  Vt.,  528. 
Weir  v.  Day,  Supreme  Cotirt  of  Ohio,  1879. 
Central,  Law  Journal,  Vol.  9,  398. 
Davis  v.  Boget,  50  la.,  194. 

It  has  been  held  that  the  words,  "to  direct  the  sale  or  other  disposition  to  be 
made  of  any  school  house,"  conferred  the  power  on  the  electors  to  vote  upon  the 
question  as  to  whether  the  school  house  should  be  used  for  religious  purposes. 

Townshend  v.  Heagan  et  a/.,  35  Iowa,  194. 

Section  7042  by  implication  vests  the  power  of  directing  the  sale  or  exchange 
of  the  site  or  the  school  house  in  the  electors  alone.  It  is  doubtful  whether 
this  authority  may  be  so  expanded  as  to  authorize  them  to  direct  the  temporary 
occasional  use  of  the  house.  This  authority  appears  to  be  vested  by  our  statutes 
in  the  discretion  of  the  directors  alone. 

In  Illinois  it  has  been  held  that  the    temporary  use  of  a  school  house   is  not 

(/>.)  Two  members  of  the  boards  may  bind  the  district  at  a  contract,  made  at 
a  meeting  at  which  the  third  was  present  or  had  notice;  but  no  contract  can  be 
made  except  at  a  meeting  of  which  all  had  notice.  School  District  v.  Bennett, 
52-5ii. 

See  Widner  v.  State,  49-172. 


52  SCHOOL    LAWS. 

forbidden  by  the  constitution  of  that  state.     Nor  is  it  forbidden  by  the  constitu- 
tion of  Arkansas. 

In  Nichols  v.  School  Directors,  Superior  Court  of  Illinois,  November  10^ 
1879,  it  was  held  that  an  incidental  use  of  a  school  house  for  religious  purposes 
not  interfering  with  school  purposes,  is  not  in  any  reasonable  sense  inconsistent 
with  the  faithful  application  of  the  property  to  school  purposes.  Religion  and 
religious  worship  are  not  so  placed  under  the  ban  of  the  constitution  that  they 
may  not  be  allowed  to  become  the  recipient  of  any  incidental  benefit  from  the 
authorities  of  the  state. 

In  Connecticut,  however,  it   was  held  that  a  single  tax-payer  might  prevent 
the  use  of  the  school  property  for  religious  purposes  by  simply  objecting  thereto^ 
and  that  he  was  entitled  to  an  injunction  to  inforce  his  right. 
Schofield  v.  Eighth  School  Dist.,  27  Conn.,  499. 

The  legislature  of  Connecticut  afterwards  enacted  a  law  placing  the  right  to 
direct  the  use  of  school  property  in  a  two-thirds  vote  of  the  electors 

.  Section  7065  authorizes  the  directors  to  permit  the  use  of  the  school  house  by 
a  private  school  unless  otherwise  directed  by  a  majority  of  the  legal 
voters  of  the  district.  This  enlargement  of  the  power  of  the  electors, 
as  set  out  in  section  7029  and  in  7042,  as  to  directing  the  sale  or  exchange  of 
the  site  or  school  house,  must  be  considered  in  construing  these  sections;  and 
the  exercise  of  the  enlarged  power  must  be  controlled  by  the  provisions  of  sec- 
tion 7029,  that  is,  the  electors  may  act  upon  these  questions  at  the  annual  meet- 
ing or  an  adjournment  thereof. 

It  is  evident  that  the  respective  powers  and  rights  of  directors  and  electors 
are  not  clear.  The  general  principle  is  that  the  whole  matter  is  left  to  the  sound 
discretion  of  the  directors,  subject  to  a  controlling  direction  on  the  part  of  the 
electors  as  to  a  private  school. 

SEC.  7043.  They  shall  hire  for  and  in  the  name 
of  the  district,  such  teachers  as  have  been  licensed 
according  to  law,  and  shall  make  with  such  teachers  a 
written  contract,  specifying  the  time  for  which  the  teacher 
is  to  be  employed,  the  wages  to  be  paid  per  month  and  any 
other  agreement  entered  into  by  the  contracting  parties,  and 
shall  furnish  the  teachers  with  a  duplicate  of  such  contract, 
and  keep  the  original ;  and  they  shall  employ  no  person  to 
teach  in  any  common  school  of  their  district  unless  such 
person  shall  hold,  at  the  time  of  commencing  his  school,  a 
certificate  and  license  to  teach,  granted  by  the  county  ex- 
aminer or  state  superintendent. 


SCHOOL    LAWS.  53 

The  right  to  select  a  teacher,  fix  his  salary,  and  the  time  for  the  opening  of 
the  school  are  matters  which  belong  exclusively  to  the  directors.  The  electors 
have  no  right  to  direct  upon  any  question  connected  with  the  teaching  of  the 
school,  save  the  single  one  of  extending  the  term  of  the  school. 

Directors  cannot  make  a  legal  contract  with  a  teacher  who  has  no  licenses. 
This  negatives  the  right  to  contract  with  a  principal  teacher  who  is  licensed  for 
an  amount  of  money  to  be  paid  him,  out  of  which  he  is  to  pay  the  salaries  o 
unlicensed  assistants. 

Every  teacher,  whether  as  principal  or  assistant,  must  be  selected  by  the 
board  of  directors  ;  every  such  person  must  have  a  license  from  the  county  ex- 
aminer or  state  superintendent,  and  every  such  person  must  have  a  written  con- 
tract. County  treasurers  are  warranted  to  demand  the  contract  of  every 
teacher  or  assistant  who  presents  a  warrant  for  the  payment  of  wages  from  the 
public  school  funds.  If  the  warrant  shows  that  its  holder  is  principal,  and  that 
the  amount  specified  on  its  face  is  for  the  payment  of  the  wages  of  assistants,  or 
if  it  is  proven  to  the  treasurer  that  such  is  the  case,  he  should  refuse  to  pay  the 
same  as  a  violation  of  sections  7051  and  of  7043.  The  treasurer  may  also  re- 
fuse to  pay  the  warrant  of  any  teacher  who  has  not  been  licensed.  See  section 
7052.  The  words,  "properly  drawn"  in  this  section  refer  back  to  the  inhibi- 
tions of  section  7043,  and  forward  to  the  positive  inhibition  of  section  7071, 
and  the  treasurer  should  exercise  the  greatest  caution  in  the  matter  of  paying 
these  doubtful  warrants. 

The  acts  of  school  directors  are  corporate  acts.  To  bind  the  district  it  is 
necessary  for  them  to  act  at  a  regular  meeting,  or  a  called  meeting,  of  which, 
notice  was  given  to  each  director.  At  such  meetings  the  act  of  a  majority  of 
the  board  is  the  act  of  the  whole  board. 

CONTRACTS. 

A  board  of  i-chool  directors  empowered  by  statute  without  any  limitation  to 
employ  a  superintendent  of  schools  may  make  a  contract  for  a  superintendent  for 
a  term  beginning  after  some  members  of  the  board  go  out  of  office. 
Gates  v.  School  Distsict  of  Fort  Smith,  53  Ark.,  468. 
Davis  v.  School  District,  81  Mich.,  214. 

This  decision  applies  to  all  teachers  employed  in  the  schools  as  well  as  to  the 
superintendent. 

The  following  opinion  of  the  attorney  general  contains  the  law  upon  this 
point  : 

The  office  of  school  director  is  a  very  important  one — more  important  than  is 
generally  considered  by  the  people.  The  best  men  in  the  district  should  be  se- 
lected for  this  responsible  position.  The  progress  and  development  of  our 
various  resources  depends,  in  a  great  measure,  upon  the  efficiency  of  school  di- 
rectors. Although 'the  lowest  of  elective  officers,  yet  it  is  equal  to  the  highest  in 
its  influence  in  advancing  the  prosperity  of  the  state. 

School  directors  have  charge  of  the  educational  interests  of  their  respective 


54      .  SCHOOL    LAWS. 

districts;  have  the  care  and  custody  of  school  houses,  grounds,  books,  records, 
papers,  etc.;  they  shall  purchase  or  lease  school-house  site  designated  by  the 
legal  voters;  they  shall  hire,  purchase  or  build  a  school  house  with  funds  pro- 
vided for  that  purpose ;  they  shall  hire  and  contract  with  teachers;  they  shall 
adopt  a  series  of  text-books  to  be  used  in  the  district  school;  they  shall  furnish 
teachers  with  a  register;  they  shall  visit  the  schools  and  submit  to  the  district  an 
an  estimate  of  the  expenses  of  said  district;  draw  warrants  on  the  treasurer; 
make  the  enumeration  and  enrollment  report  between  the  1st  and  loth  of  Sep- 
tember, and  make  settlements  with  the  county  treasurer,  etc. 

For  the  purpose  of  carrying  out  the  above-mtntioned  duties  with  wisdom  and 
discretion,  each  district  has  three  school  directors.  These  directors  constitute 
an  educational  board,  and  should  meet  and  transact  all  business  of  the  district 
as  a  board.  The  first  business  of  a  school  board,  composed  of  continuing  and 
newly  elected  members,  is  to  organize  by  electing  a  president  and  secretary. 
Directors  are  possessed  of  specially  defined  powers,  and  should  exercise  no 
others,  and  cannot  do  so  legally.  In  the  transaction  of  all  business  pertaining 
to  the  district,  all  members  of  the  board  must  meet  together,  or  hive  notice  to 
meet.  The  action  of  a  majority  of  the  school  board  will  not  bind  the  district 
when  one  of  the  directors  had  no  notice  of  the  meeting  and  did  not  participate 
in  it.  (4  Nebr.,  254.)  The  district  has  a  right  to  the  wisdom,  experience  and 
judgment  of  each  director,  and  a  majority  of  the  directors  cannot  legally  bind 
the  district  unless  each  member  of  the  board  has  had  due  and  timely  notice  of 
said  meeting.  A  contract  by  two  of  the  members  of  the  board,  when  all  have 
had  notice,  is  legal  and  binding  on  the  district.  When  a  board  is  by  statute 
made  a  body  corporate,  individual  members  acting  separately,  although  a  ma- 
jority, cannot  contract  a  debt  or  draw  a  warrant  for  its  payment. 
22  Ohio,  144;  27  Kan.,  129. 

This  additional  opinion  contains  another  principle. 

SIR — In  answer  to  your  inquiries  I  have  the  honor  to  say  that,  in  my  opinion, 
section  7043  applies  as  well  to  special,  or  single  school  districts,  as  to  ordinary 
common  school  district?. 

I  am  also  of  the  opinion  that  it  applies  to  the  superintendent  of  schools  in 
such  special  districts,  provided  he  is  to  act  as  a  teacher,  otherwise  not. 

I  am  also  of  opinion  that  said  section  is  mandatory  upon  the  directors,  but  I 
do  not  believe,  or  mean  to  be  understood  as  saying,  that  a  verbal  contract  made 
with  a  qualified  teacher  would  be  void  because  not  in  writing. 

The  contracts  made  by  a  board  of  directors  are  good  though  it  should  turn 
out  that  the  directors  are  disqualified  to  hold  office.  They  are  de  facto  officers. 

SEC.  7044.  The  term  "  month,"  wherever  it  occurs  in  any 
section  of  this  act,  shall  be  construed  to  mean  twenty  days, 
or  four  weeks  of  five  days  each.  Act  December  7, 
sees  58-62. 


SCHOOL    LAWS.  55 

SEC.  7045.  The  directors  of  school  districts,  other  than 
special  school  districts,  may  expend  annually,  out  of  the 
common  school  fund,  not  more  than  twenty-five  dollars  dur- 
ing any  one  year  for  any  school  under  their  control  for  maps, 
charts,  globes,  dictionaries  and  other  apparatus  necessary 
to  the  progress  of  the  school ;  Provided,  Said  maps,  charts, 
globes,  dictionaries  and  other  apparatus  meets  the  approval 
of  the  state  superintendent,  in  price  and  merit.  Act  Febru- 
ary 16,  1893. 

SEC.  7046.  The  directors  of  each  school  district  in  this 
state  shall  adopt  and  caused  to  be  used  in  the  public  schools, 
in  their  respective  districts,  one  series  of  text-books  in  each 
branch  or  science  taught  in  the  public  schools  of  their  re- 
spective districts,  and  no  change  in  these  books  shall  be 
made  for  a  period  of  three  years,  unless  it  be  by  a  petition 
of  a  majority  of  the  voters  of  the  district  desiring  the^ 
Act  March  n,  1881,  sec.  2. 

See  section  6975  and  comments  and  opinion  therein  set  out. 
The  penalty  for  failure  to  perform  the  duties  imposed  by  this 
not  less  than  ten  nor  more  than  fifty  dollars.     See  sec.  7070. 

SEC.  7047.  They  shall  procure  from  the  county  exam- 
iner, and  furnish  the  teacher  at  the  commencement  of  the 
term,  a  register  for  his  school,  and  require  the  said  teacher 
to  report,  in  said  register,  at  the  close  of  the  school  term, 
the  number  of  days  of  the  said  term,  the  name  and  age  of 
each  pupil,  the  date  on  which  each  entered  the  school,  the 
separate  days  on  which  each  attended,  the  whole  number  of 
days  each  attended,  the  studies  each  pursued,  the  total  num- 
ber of  days  all  pupils  attended,  the  average  daily  attendance 
and  the  number  of  visits  received  from  the  directors  during 
the  said  term.  Act  December  7,  /c?75,  sec.  63. 

The  keeping  of  this  register  according  to  all  its  requirements,  perfected  and 
complete,  is  compulsory  upon  the  teacher,  and  he  can  not  draw  his  last  month's 
wages  until  this  duty  is  performed.  See  sec.  7076. 

SEC.  7048.     They  shall  visit  the  schools  at  least  once  each 


56  SCHOOL    LAWS. 

term,  and  encourage  the  pupils  in  their  studies,  and  give 
such  advice  to  the  teacher  as  may  be  for  the  benefit  of 
teacher  and  pupils. 

SEC.  7049.  They  shall  submit  to  the  district,  at  the  an- 
nual meeting,  an  estimate  of  the  expenses  of  the  district  for 
that  year,  including  the  expenses  of  a  school  for  the  term 
of  three  months  for  the  next  year,  after  deducting  the  prob- 
able amount  of  school  moneys  to  be  apportioned  to  the  dis- 
trict for  that  school  year,  and  shall  also  submit  an  esti- 
mate of  the  expenses  per  month  of  continuing  the  school 
beyond  the  term  of  three  months,  and  of  whatever  else  may 
be  necessary  for  the  comfort  and  advancement  of  the  said 
school. 

The  following  is  the   blank  prescribed  to  meet  the  requirements  of  this  sec- 
tion : 


SCHOOL    LAWS. 
DIRECTORS'  ESTIMATE  OF  DISTRICT  EXPENSES. 


57 


Electors  of  School  District  No ,  County  of  State  of 

Arkansas  : 

We  respectively  submit  the  following  as  our  estimate  of  the  expeuses  of  the 
public  schools  in  this  district  for  the  term  of  three  months  during  the  present 
scholastic  year,  beginning  the  first  of  last  July,  and  of  the  expenses  per  month 
of  continuing  the  schools  longer  than  three  months  : 


AMOUNT   NECESSARY. 

For  teachers'  salaries 

For  purchase  or  lease  of  sites 

For  purchase,  erection  or  hire  of  houses 

For  repairs  of  houses  and  grounds 

For  fuel  and  incidental  expenses 

For  furniture,  apparatus,  light,  etc 

For  other  purposes  

Total 

Amount  we  will  probably  receive  from  the  state  apportionment... 

Remainder  to  be  raised  by  a  district  tax 

Expense  for  continuing  the  schools longer  than  three 

months,  at dollars  per  month 

Total  amount  to  be  raised  by  district  tax 

The  electors  are  respectively  asked   to  vote  a  tax  of mills  to  meet  the 

expenses  of  the  above  estimate. 

1 

^Directors. 

I 


It  will  be  seen  that  there  are  several  items  of  expense.  Should  the  directors 
fill  each  blank,  thus  recommending  a  tax  for  each  item  of  expense,  and  should 
the  electors  vote  the  rate  of  tax  suggested,  or  any  other  rate,  without  expressly 
negativing  an  item  recommended,  tbeu  the  tax  voted  must  beheld  to  be  voted  in 
strict  compliance  with  the  estimate;  and  the  estimate  should  be  returned  with  the 
poll  books  to  the  county  clerk  so  that  the  county  judge  in  making  his  levy  may 
levy  to  suit  the  vote  and  the  estimate  which  is  the  basis  of  the  vote.  The  tax 
levied  and  the  items  of  the  estimate  should  be  certified  by  the  clerk  to  the  treas- 
urer. The  treasurer  should  distribute  the  tax  when  collected  to  the  various  pur- 


58  SCHOOL    LAWS. 

poses  named  in  the  estimate,  opening  an  account  with  each  special  item,  the  only 
index  to  the  purpose  for  which  the  tax  was  levied.  Should  the  tax  collected  be 
more  or  less  than  the  amount  of  the  estimate,  then  each  item  of  the  estimate 
must  be  increased  or  decreased  in  proportion.  It  must  never  be  forgotten  that 
the  estimate  submitted  by  the  directors  is  a  necessary  part  of  the  election,  and  is 
the  only  source  from  which  the  intention  of  the  electors  as  to  the  purpose  of  the 
tax  is  to  be  gathered,  except  the  ballots.  If  the  ballots  declare  "  for  five  mills," 
with  no  accompanying  words,  then  the  court  in  levying  the  tax  is  relegated  to  the 
estimate  for  the  purpose  of  the  tax;  and  if  the  estimate  distributes  the  expense 
by  items,  then  the  necessary  and  only  inference  is  that  the  tax  was  voted  for  the 
express  purpose  of  meeting  the  estimate.  If  the  ballots  declare  '  for  tax  "  and  the 
estimate  is  not  itemized,  but  massed  under  the  general  words  <k  for  common 
school  purposes1'  or  "for  general  purposes  "  or  any  other  language  which  inti- 
mates generality  of  purpose,  or  should  the  ballots  themselves  declare  this  gener- 
ality, then  the  necessary  and  only  legal  inference  is  that  the  tax  was  to  be  levied 
for  general  purposes,  and  should  be  so  levied  by  the  court.  And  in  every  case 
where  the  vote  is  so  generalized  the  directors  are  empowered  to  distribute  the  tax 
so  levied  and  collected  for  any  and  every  necessary  school  purpose  except  build- 
ing a  house.  No  house  can  be  built  under  the  general  authority  "  for  general 
purposes,"  although  any  other  necessary  expense  may  be  met  that  way.  The 
treasurer  is  always  authorized  to  pay  the  warrants  of  a  board  of  directors  for  any 
purpose  save  building  where  the  levy  of  the  court  or  the  vote  of  the  electors  was 
"  for  general  purposes  "  or  other  general  language. 

But  if  the  estimate  submitted  to  the  electors  is  limited  by  the  words  "  for 
teachers'  salaries,"  and  the  ballots  are  simply  "  for  tax,"  then  the  levy  is  special, 
and  the  tax  when  collected  must  be  distributed  "for  teachers'  salaries  alone."  It 
is  better  for  every  interest  of  the  district  that  the  ballots  declare-  "  for  general 
school  purposes."  This  will  vest  a  discretion  in  the  directors,  and  will  enable 
them  to  meet  the  demands  of  the  school  at  any  time.  These  comments  have 
force  only  as  they  concern  the  "  local  tax."  The  funds  received  from  the  state 
apportionment  and  from  the  per  capita  tax  are  not  under  the  control  of  the  elect- 
ors, save  that  where  they  are  not  sufficient  to  maintain  a  three  months'  school 
the  electors  may  direct  them  to  remain  in  the  treasury. 

Such  funds,  with  the  exception  named  are  under  the  control  of  the  directors 
alone,  and  must  be  used  to-  maintain  free  schools.  In  doing  this  the  directors 
may  use  them  for  paying  the  salaries  of  teachers  and  all  necessary  expenses  inci- 
dent thereto.  It  is  difficult  to  draw  the  line  between  necessary  and  unnecessary 
expenses,  and  where  there  are  grave  doubts  as  to  this  the  directors  should  not 
incur  the  expense.  Several  supreme  courts  have  decided  that  *'  maps,  globes, 
charts  and  other  illustrative  appliances,"  are  not  necessary,  and  directors  are  re- 
lieved from  deciding  this  question.  The  legislature  wisely  permits  them  to  buy 
these  things  from  an  approved  list  to  the  amount  of  twenty-five  dollars  each  year. 

But  "  repair  of  house  "   when  imperative  and  which  cannot  be  delayed  to  the 


SCHOOL    LAWS.  59 

annual  meeting  of  the  electors,  fuel,  stoves,  blackboards,  buckets,  dippers,  cray- 
ons and  erasers,  are  necessary  incidents  to  the  life  of  a  school  and  are  proper 
charges  upon  the  state  and  Per  capita  apportionment.  Seats  are  necessary,  of 
course,  but  as  they  are  a  part  of  the  building  itself  they  must  be  furnished  by  a 
like  process  ;  a  special  tax  must  be  levied.  The  words  5'  for  building  purposes  " 
will  authorize  the  directors  not  only  to  build  but  to  furnish  with  seats.  The  only 
trouble  that  can  arise  is  where  there  is  an  entire  absence  of  seats  and  a  positive 
refusal  on  the  part  of  the  electors  to  provide  a  tax  for  their  purchase.  In  that 
case  no  school  can  be  supported.  The  law  expressly  empowers  the  directors 
"to  hire,  purchase  or  build  a  school  house,  with  funds  provided  by  the  district  for 
that  purpose,"  and  no  other  funds  can  be  used.  It  follows  then  that  the  local 
tax  is  absolutely  necessary  before  a  house  may  be  rented,  built,  purchased  or 
furnished.  The  words  "  for  general  purposes"  in  the  voting  of  a  local  tax  will 
authorize  the  use  of  the  tax  for  hiring  or  furnishing*;  but  to  purchase  or  build 
there  must  be  a  vote  for  this  specific  purpose. 

SEC.  7050.  They  shall,  in  all  suits  and  actions  at  law 
brought  by  or  against  their  district,  appear  for  and  in  behalf 
of  said  district.  Provided,  They  shall  have  no  other  direc- 
tions or  instructions  by  a  lawful  meeting  of  the  electors  of 
their  district. 

SEC.  7051.  They  shall  draw  orders  on  the  treasurer  of 
the  county  for  the  payment  of  wages  due  teachers,  or  for 
any  lawful  purpose,  and  they  shall  state  in  every  such  order 
the  services  or  consideration  for  which  the  order  is  drawn, 
and  the  name  of  the  person  rendering  such  service  ;  but  they 
shall  not  draw  any  order  on  the  county  treasurer  for  the 
payment  of  the  wages  of  any  teacher  not  licensed  (q}. 

SEC.  7052  When  the  warrant  of  any  board  of  directors, 
properly  drawn,  is  presented  to  the  treasurer  of  the  proper 
county,  he  shall  pay  the  same  out  of  any  funds  in  his  hands 
for  that  purpose  belonging  to  the  district  specified  in  said 
warrant  (r).  See  sec.  704.3. 

SEC.  7053.     The  directors  shall  give  notice  of  each  annual 

(q.)  School  warrants  may  be  issued  by  two  directors.     Grain  v.  State,  45-450. 

(r.)  Statutes  of  limitation  run  against  school  warrants.  School  District  v . 
Cramer,  52-454;  School  District  v.  Reeve,  56-68. 

Effect  of  warrants  drawn  in  lieu  of  destroyed  or  lost  warrants,  see  School  Dis- 
trict v.  Cramer,  52-454. 


6O  SCHOOL    LAWS. 

meeting,  by  posting  notices  thereof,  at  least  fifteen  days 
previous  to  such  meeting,  in  three  or  more  conspicuous 
places  within  the  district  (s) ;  but  it  shall  not  be  lawful  for  a 
district,  at  any  annual  meeting,  to  fix  a  site  for  a  school- 
house,  or  to  raise  money  for  building  or  purchasing  a  school- 
house,  unless  the  directors  shall  have  particularly  set  forth 
in  the  previous  notice  given  of  such  meeting  that  these 
matters  were  to  be  submitted  for  their  consideration  and 
action  (t). 

SEC.  7054.  One  of  the  directors  shall  act  as  clerk  at  all 
district  meetings,  shall  keep  a  record  of  the  proceedings 
thereof  in  a  book  provided  for  that  purpose,  or,  if  absent, 
shall  transcribe  into  said  book  the  minutes  kept  by  the 
clerk  pro  tempore,  and  signed  by  the  chairman,  as  so  much 
of  the  authenticated  records  of  the  district ;  and  he  shall 
enter  on  the  said  book  copies  of  all  his  reports  to  the  county 
clerk  and  the  county  examiner. 

SEC.  7055.  He  shall  keep,  in  a  book  provided  for  that 
purpose,  the  accounts  of  the  district,  by  debits  and  credits, 
including  the  accounts  with  the  county  treasurer,  and  shall 
present  the  same  to  each  annual  meeting,  showing  the  cur- 
rent expenses  for  the  year,  for  school-houses,  out-buildings, 
fences  with  which  to  inclose  a  school-house  site,  for  stoves, 
wood,  maps,  charts,  blackboards,  a  dictionary,  and  other 
necessaries  for  a  school,  and  stating  the  numberof  days  the  di- 
rectors have  been  necessarily  employed  in  the  performance 
of  their  duties  as  directors  ;  the  date  of  each  order  drawn  by 
them  on  the  county  treasurer,  and  for  what  services  or  con- 

(s.)  It  is  the  duty  of  the  directors  to  designate  the  place  of  the  annual  meeting, 
and  notice  of  the  time  and  place  is  essential  to  the  validity  of  a  tax  voted  at  such 
meeting.  But  the  statute  designates  the  time,  and  all  are  bound  to  take  notice 
of  it.  If  notice  of  the  place  be  given,  the  meeting  will  be  legal,  though  the  time 
be  not  specified  in  the  notice.  Hodgkin  v.  Fry,  33-716.  A  notice  given  by  two 
of  the  directors  is  sufficient.  Holland  v.  Davies,  36-446  ;  Davies  v.  Holland, 


(/.)  See  Fluty  v.  School  District,  49-94. 


SCHOOL    LAWS.  6 1 

sideration,  for  what  amounts  and  in  whose  favor,  exhibiting 
vouchers  therefor ;  a  statement  of  the  indebtedness  of  the 
district,  and  also  of  the  surplus  moneys,  if  any,  in  the  county 
treasury  belonging  to  the  district  at  the  commencement  of 
the  year ;  the  amount  of  taxes  levied  on  the  district  for 
school  purposes  within  the  year;  the  different  purposes  for 
which  said  taxes  were  levied,  and  the  amount  levied  for 
each  purpose.  If,  on  examination,  the  report  be  found  cor- 
rect, the  chairman  of  the  meeting  shall  approve  the  same, 
and  order  that  it  be  filed  with  the  records  of  the  district. 

SEC.  7056.  The  directors  shall,  within  ten  days  after  any 
school  meeting,  report  to  the  clerk  of  the  county  so  much 
of  the  proceedings  of  said  meeting  as  pertains  to  the  election 
of  officers ;  and  they  shall,  on  or  before  the  first  day  of 
October  in  each  year,  furnish  to  the  clerk  so  much  of  the 
copy  of  their  record,  attested  by  the  chairman  of  the  meet- 
ing, as  shows  the  amount  of  money  voted  to  be  raised  by 
the  district,  for  school  purposes,  at  the  annual  meeting. 

SEC.  7057.  They  shall,  annually,  between  the  first  and 
tenth  days  of  September,  transmit,  verified  by  their  affidavit, 
to  the  county  examiner,  a  written  report,  in  proper  form,  of 
the  name  of  their  county;  of  the  number  of  their  district  ; 
the  names  and  ages  of  all  persons,  between  the  ages  of  six 
and  twenty-one  years,  residing  in  their  district  on  the  first 
day  of  September  ;  the  number  of  males  and  females  respec- 
tively, of  each  color,  that  attended  the  common  schools  dur- 
ing the  last  school  year ;  the  average  number  of  each  sex 
'  that  attended  daily  ;  the  number  that  pursued  each  of  the 
studies  designated  to  be  taught  in  the  common  schools  of 
this  state  ;  the  number  of  times  the  school  was  visited  each 
term  by  the  directors ;  the  number  of  days  the  school  was 
taught  during  the  year  by  a  licensed  teacher  ;  the  name  of 
/each  teacher;  the  grade  of  his  certificate;  the  wages  paid 
each  teacher  per  month,  and  the  whole  amount  of  wages 
paid  teachers  during  the  year.  They  shall  include  in  their 


62  SCHOOL    LAWS. 

report  the  amount  of  taxes  voted  by  the  district  during  the 
last  school  year,  for  what  purpose  voted,  and  the  amount 
voted  for  each  purpose  ;  the  amount  drawn  from  the  county 
treasurer  for  each  purpose  for  which  money  was  raised  by 
district  tax  the  previous  year  ;  the  amount  of  revenues  re- 
ceived from  the  common  school  fund,  and  the  amount  re- 
ceived from  each  of  the  various  other  sources  from  which 
school  revenues  are  derived  ;  the  amount  of  each  kind  of 
revenue  remaining  in  the  county  treasury  and  subject  to  the 
order  of  the  district;  the  number  of  school  houses  erected 
during  the  year,  and  the  cost  and  material  of  each  ;  the  num- 
ber, the  material,  the  condition  and  the  value  of  those  before 
erected,  and  the  value  of  all  other  property  belonging  to 
the  district  ;  the  condition  of  the  school-house  grounds,  and 
whether  the  said  grounds  are  enclosed;  also,  name,  age  and 
post-office  of  deaf,  dumb,  blind  and  insane  in  each  district, 
including  all  who  are  blind  or  deaf,  or  to  such  an  extent  as 
not  to  be  educated  in  common  schools;  and  they  shall 
record  the  said  report  in  the  proper  place  in  the  district  book 
in  which  the  current  record  of  the  proceedings  of  the  district 
is  kept. 

SEC.  7058.  If  the  directors  of  any  district  fail  or  neglect 
to  make  a  report  of  the  enumeration,  statistics  and  finances 
of  their  district  at  the  time  and  in  the  manner  prescribed  in 
the  preceding  section,  the  said  directors,  in  addition  to  their 
forfeiture  for  neglect  of  duty,  shall  severally  be  liable  for  any 
damages,  including  the  costs  of  the  suit,  that  the  district 
may  sustain  by  reason  of  losing  the  school  revenues  that 
would  otherwise  have  been  apportioned  to  them. 

SEC.  7059.  They  shall,  at  the  close  of  the  school  year,  set- 
tle with  the  county  treasurer,  and  ascertain  what  moneys,  if 
any,  to  which  their  district  may  be  entitled,  and  the  amounts, 
severally,  thereof  that  are  in  the  county  treasury  and  sub- 
ject to  be  drawn  by  their  district.  Ib  ,  sees.  ^-75. 

SEC.  7060.     The  directors  of  any  school  district  may,  at 


SCHOOL    LAWS.  63 

the  instance  of  the  teacher,  suspend  from  the  school  any 
pupil  for  gross  immorality,  refractory  conduct  or  insubor- 
dination, or  for  infectious  disease.  Provided,  Such  suspension 
shall  not  extend  beyond  the  current  term. 

Directors  should  remember  that  the  right  to  attend  school  grows  out  of  bona 
fide  residence  and  not  from  an  enumeration  in  a  district  or  the  payment  of  taxes. 
When  a  man  moves  into  a  district  with  the  intention  of  making  it  his  permanent 
residence,  he  acquires  the  right  to  send  to  the  public  schools  at  once.  The 
directors  are  to  decide  from  all  the  circumstances,  whether  the  residence  is  per- 
manent or  temporary.  If  temporary  no  free  school  privileges  obtain. 

It  will  be  seen  that  the  power  to  suspend  is  lodged  with  the  directors.  The 
teacher  has  no  authority  to  perform  this  act  of  discipline  upon  his  own  motion. 
He  must  report  the  infraction  of  discipline  to  the  board  of  directors,  who  are 
alone  authorized  to  act. 

DECISIONS. 

The  general  school  committee  of  a  town  has  power  to  exclude  therefrom  a 
child  of  immoral  or  licentious  character  though  such  character  be  not  manifested 
by  any  acts  in  the  school  room.  The  learned  judge  reasoned  as  follows  :  "  It 
seems  to  be  admitted,  if  not,  it  could  hardly  be  questioned,,  that  for  misconduct  in 
school,  for  disobedience  to  its  reasonable  regulations,  a  pupil  may  be  excluded. 
Why  so  ?  There  is  no  express  provision  in  the  law  (as  it  then  was)  authorizing 
such  exclusion ;  it  results  by  necessary  implication,  from  the  provision  of  law  re- 
quiring good  discipline.  It  proves  that  the  right  to  attend  school  is  not  abso- 
lute, but  one  to  be  enjoyed  by  all  on  reasonable  conditions." 

Trustees  v.   People,  87  Illinois,  303. 

Ruleson  v.  Post,  79  ///.,  567. 

Morrow  v.  Wood,  36  Wis.,  59. 

Sherman  v.  Charleston,  8  Cush.,  160. 

Peck  v.  Smith,  41  Conn.,  442. 

It  is  undoubtedly  true  ihat  trustees  or  committees  have  the  power,  and  it  is 
their  duty  to  dismiss  or  exclude  a  pupil  from  their  school  when,  in  their  judg- 
ment, it  is  necessary  for  the  good  order  and  proper  government  of  the  school  so 
to  do. 

Stephenson  v.  Hall,  14  Barb.,  222. 
They  may  do  so  to  prevent  a  pupil  from  bringing  contagion  into  a  school. 

Spear  v.  Cummins,  23  Pick.,  225. 

The  school  authorities  have  a  right  to  exclude  from  their  grounds  or  buildings 
anyone  who  enters  therein  to  disturb  the  peace  or  interfere  with  the  legitimate 
exercises  of  the  school. 

Hughes  v.  Goodell,  3  Pitttb.,  L.  /.,  264. 

Whatsoever  has  a  direct  and  immediate  tendency  to  injure  the  school  in  its 
important  interests,  or  to  subvert  the  authority  of  those  in  charge  of  it,  is  prop- 


64  SCHOOL    LAWS. 

er!y  a  subject  for  regulation  and  discipline,  and  this  is  so  w.herever  the  acts  may 
be  committed. 

Burdich  v.  Babcock,  31  Iowa,  562. 

There  is  a  limit  to  the  powers  of  the  school  directors,  and  that  limit  is  the 
needfulness  or  reasonableness  of  the  rule.  Thus,  where  a  rule  forbade  the  attend- 
ance of  pupils  upon  social  parties,  and  where  a  pupil  was  expelled  for  a  violation 
thereof,  it  was  held  that  the  board  had  power  to  make  all  needful  rules  for  the 
government  of  pupils  while  at  school,  but  no  power  to  follow  them  home  and 
govern  their  conduct  while  under  the  parental  eye ;  and  that  in  prescribing  the 
rule  it  had  gone  beyond  its  power. 

Drift  v.  Snodgrass,  66  Mo.,  286. 

•  But  in  the  same  state  it  was  held  that  a  rule  forbidding  pupils  from  fighting 
and  using  profane  language  on  the  way  to  and  from  school  was  good,  and  that 
punishment  could  be  inflicted  for  a  violation  thereof. 

Deskins  v.  Gose,  85  Mo.,  585. 
Teachers  should  remember  that  the  rule  makers  are  the  directors. 

State  v.  Barton,  45  Wis.,  150. 

Morrow  v.  Wood,  35   Wis.,  50. 

Wherever,  however,  it  is  absolutely  necessary  for  the  teacher  to  act  in  order 
to  preserve  the  school  from  anarchy,  or  to  maintain  order  and  discipline,  he  is 
justified  in  so  doing  without  waiting  for  an  order  of  the  directors.  Wherever 
the  exercise  of  this  right  is  not  called  for  by  present  necessity,  it  should  be  de- 
ferred for  action  by  the  board. 

State  ex  rel,  etc.  v.  Barton,  45   Wis.,  150. 

Neither  the  teacher  with  a  legal  certificate  and  lawfully  employed,  nor  the 
board  of  school  directors,  are  liable  in  damages  for  tort  by  reason  of  having  ex- 
pelled a  child  from  school,  so  long  as  they  act  in  good  faith.  If  they  err  in 
good  faith  in  the  discharge  of  their  duties  they  are  not  liable. 

Donahue  v.  Richards,  38  Me.,  376. 

Sewell  v.  Board  of  Education,  29  Ohio  St.,  89. 

Spear  v.  Gumming s,  23  Pick.,  22. 

Boydv.  Blaisdel,  15  Ind.,  73. 

Stephenson  v.  Hall,  14  Barb.,  222. 

But  where  the  child  is  entitled  to  go  to  school  and  the  expulsion  is  wrongful, 
see  contra. 

Roe  v.  Deming,  21  Ohio  St.,  666. 
To  make  either  liable  there  must  be  malice. 

Dritt  v.  Snodgrass,  66  Mo.,  286. 

Commonwealth  v.  Seed,  5  Pa.,  L.  J.  R.,  78. 

Nor  is  the  teacher  liable  on  an  implied  contract  to  teach.  There  is  no  im- 
plied contract  in  the  public  schools  between  teacher  and  pupil.  The  only  con- 
tract is  with  the  board  of  directors  to  whom  he  is  accountable  for  his  acts,  unless 
he  is  stirred  by  malicious  motives  and  renders  himself  amenable  to  law. 


SCHOOL    LAWS.  6$ 

Steckey  v.  Churchman,  2  Bradiv.  (///.),  584. 

In  Michigan  it  has  been  held  that  before  expulsion  or  suspension  may  be  ad- 
judged against  pupils  who  in  any  way  deface  or  injure  the  school  building,  out- 
houses, furniture,  maps  or  anything  else  belonging  to  the  school,  that  such  injury 
or  defacement  must  be  shown  to  be  wilful  and  malicious.  A  careless  act  will 
not  sustain  the  rule,  even  though  the  pupil  be  too  poor  to  make  satisfaction. 

Holman  v.  School  Trustees  of  Avon,  Supreme  Court  Reports,  1889. 
Directors,  in  the  absence  of  promulgated    rules,  may  suspend  or  expel,  when- 
ever upon  due  examination  they  become  satisfied  that  the  interests  of  the  school 
demand  such   expulsion,  any  pupil  who  transgresses  unwritten  but  well-defined 
rules  of  conduct  prescribed  by  common  sense  and  decency. 

State  v.  Hamilton,  42  Mo.  App.,  24. 
See  also, 

Holman  v.  Trustees,  77  Mich.,  605. 

AS   TO    RULES    GENERALLY. 

Sections  7041,  7042  and  7060  place  the  rule-making  power  with  the  directors. 
The  power  ordinarily  given  and  its  txtent  has  been  well  expressed  by  the  learned 
judge  in  Rtilison  z/.  Post,  79  ///.,  567.  He  said  : 

"  In  the  performance  of  their  duty  in  carrying  the  law  into  effect,  the  directors 
may  prescribe  certain  rules  and  regulations  for  the  government  of  the  schools  in 
their  district,  and  enforce  them.  They  may,  no  doubt,  classify  the  scholars,  reg- 
ulate their  studies  and  their  deportment,  the  hours  to  be  taught,  besides  the  per- 
formance of  other  duties  necessary  to  promote  the  success  and  secure  the  well- 
being  of  such  schools.  But  all  such  rules  and  regulations  must  be  reasonable, 
and  calculated  to  promote  the  objects  of  the  law — the  conferring  of  such  an  ed- 
ucation upon  all,  free  of  charge.  The  law  having  conferred  upon  each  child  of 
proper  age  the  right  to  be  taught  the  enumerated  branches,  any  rule  or  regula- 
tion which  by  its  enforcement  would  tend  to  hinder  or  deprive  the  child  of  this 
right  can  not  be  sustained.  All  rules  must  be  adapted  to  the  promotion  and  ac- 
complishment of  this  great  and  paramount  object  of  the  law." 

Now,  what  are  reasonable  rules? 

In  Thompson  v.  Beaver^  63  ///.,  353,  the  following  conclusion  was  reached  : 

"What  are  reasonable  rules  is  a  question  of  law,  and  we  do  not  hesitate  to 
declare  that  a  rule  that  would  bar  the  doors  of  the  school  house  against  little 
children  who  had  come  from  so  great  a  distance  (one  and  one-half  miles)  in  the 
cold  winter,  for  no  other  reason  than  that  they  were  a  few  minutes  tardy,  is  un- 
reasonable and  therefore  unlawful.  In  its  practical  operation  it  amounts  to  little 
less  than  wanton  cruelty." 

Among  the  rules  established  by  the  board  in  a  certain  district  was  this: 

"  All  pupils  will  be  required  to  bring  written  excuses  from  their  parents  to 
teachers  for  absence,  and  such  excuses  must  be  satisfactory  and  reasonable,  oth- 
erwise they  will  not  be  granted." 

The  court  commented  upon  the  rule  as  follows: 
S— 5 


66  SCHOOL    LAWS. 

"  The  rule  in  question  is  not  a  hard  or  harsh  one.  It  does  not  of  itself  indicate 
any  sinister  or  malevolent  purpose,  or  wicked  force,  on  the  part  of  the  directors. 
It  does  not  trench  upon  .the  rights  or  dignity  of  any  one.  We  instantly  and 
properly  repel  any  encroachment  upon  our  rights  as  citizens.  We  have  a  proper 
pride  and  ambition  in  maintaining  these  rights  under  any  and  all  circumstances. 
But  I  am  utterly  unable  to  understand  how  this  simple  rule  or  regulation,  requir- 
ing the  pupil  in  certain  cases  to  bring  a  written  excuse  from  its  parents  to  the 
teacher,  is  an  attack  upon,  or  an  abridgment  of,  our  inalienable  rights  as  citizens 
of  this  free  country." 

Churchill  v.  Fewkes,  13  ///.  App.  (13  Brad.},  520. 

The  directors  may  make  and  enforce  a  rule  forbidding  the  use  of  tobacco  or 
whisky  in  any  form,  or  the  carrying  of  any  deadly  weapon,  in  any  'school  room 
or  in  any  part  of  the  school  building. 

ENFORCEMENT   OF   RULES   BY  CORPORAL   PUNISHMENT. 

The  following  summary  of  cases  will  give  an  idea  of  what  has  been  held  with 
reference  to  corporal  punishment  in  schools  by  courts  of  last  resort  in  other 
states.  , 

'•  The  right  of  the  parent  to  keep  the  child  in  order  and  obedience  is  secured 
by  the  common  law.     He  may  lawfully  correct  his  child,  being  under  age,  in  a 
reasonable  manner,  for  this  is  for  the  benefit  of  his  education.     He  may  dele- 
gate, also,  a  part  of  his  parental  authority,  during  his  life,  to  the  tutor  or  school- 
master of  his  child,  who  is  then  in  loco  par entis,  and  has  such  portion  of  the  power 
of  the  parent  committed  to  his  charge — viz.:  that  of  restraint  and  correction — as 
may  be  necessary  to  answer  the  purpose  for  which  he  is  employed, 
i  Black.,  Com.,  453,  454. 
I  ffalis  P.  C.,  473,  474. 

"  The  rights  of  parents  (over  their  children)  result  from  their  duties.  As  they 
are  bound  to  maintain  and  educate  their  children,  the  law  has  given  them  the 
right  to  such  authority ;  and,  in  support  of  that  authority,  a  right  to  the  exercise 
of  such  discipline  as  may  be  requisite  for,  the  discharge  of  their  sacred  trust. 
'  The  power  allowed  by  law  to  the  parent  over  the  person  of  the  child  may  be  del- 
egated to  a  tutor  or  instructor,  the  better  to  accomplish  the  purposes  of  educa- 
tion.' " 

Kent's  Com.,  169,  170. 

Although  the  town  school  is  instituted  by  the  authority  of  the  statute,  the  chil- 
dren are  to  be  considered  as  put  in  charge  of  the  instructor  for  the  same  purpose, 
and  be  clothed  with  the  same  power  as  when  he  is  directly  employed  by  the  pa- 
rents. The  power  of  the  parent  to  restrain  and  coerce  obedience  in  children  can 
not  be  doubted,  and  it  has  seldom  or  never  been  denied.  The  power  delegated 
to  the  master  by  the  parent  must  be  accompanied  for  the  time  being  with  the 
same  right,  as  incidental,  or  the  object  sought  must  fail  of  accomplishment. 

"The  practice,  which  has  generally  prevailed  in  our  town  schools  since  the  set- 
tlement of  the  country,  has  been  in  accordance  with  the  law  thus  expressed,  and 


SCHOOL    LAWS.  6/ 

resort   has  been  had  to  personal  chastisement  when  a  milder  means  of  restraint 
had  been  unavailing." 

Stevens  v.  Fassett,  27  Me.,  266. 

.   "  The  law  having  elevated  the  teacher  to  the  place  of  the  parent,  if  he  is  still 
to  sustain  that  sacred  relation,  it  become  him  to  be  careful  in  the  exercise  of  his 
authority,  and  not  make  his  power  a  pretext  for  cruelty  and  oppression." 
14  Johns.  R.,  119. 

"  Whenever  he  undertakes  to  exercise  it,  the  cause  must  be  sufficient,  the  in- 
strument suitable  to  the  purpose ;  the  manner  and  extent  of  the  correction,  the 
part  of  the  person  to  which  it  is  applied,  the  temper  in  which  it  is  afflicted  ;  all 
should  be  distinguished  with  the  kindness,  prudence  and  propriety  which  be- 
comes the  station." 

Cooper  v.  Mcjunkin,  4  /«</.,  291. 

The  law,  as  we  deem  it  to  exist,  is  this :  A  schoolmaster  has  the  right  to  in- 
flict reasonable  corporal  punishment.  He  must  exercise  reasonable  judgment 
and  discretion  in  determining  when  to  punish,  and  to  what  extent.  In  determin- 
ing upon  what  is  a  reasonable  punishment  various  considerations  must  be  re- 
garded— the  nature  of  the  offense,  the  apparent  motive  and  disposition  of  the 
offender,  the  influence  of  his  example  and  conduct  upon  others,  and  the  sex,  age, 
size  and  strength  of  the  pupil  to  be  punished.  Among  reasonable  persons  much 
difference  prevails  as  to  the  circumstances  which  will  justify  the  infliction  of  pun- 
ishment, and  the  extent  to  which  it  may  properly  be  administered.  On  account 
of  this  difference  of  opinion,  and  the  difficulty  which  exists  in  determining  what 
is  a  reasonable  punishment,  and  the  advantage  which  the  master  has  by  being  on 
the  spot  to  know  all  the  circumstances — the  manner,  looks,  tone,  gestures  and 
language  of  the  offender  (which  are  not  always  easily  described),  and  thus  to 
form  a  correct  opinion  as  to  the  necessity  and  extent  of  the  punishment,  consid- 
erable allowance  should  be  made  to  the  teacher  byway  of  protecting  him  in  the 
exercise  of  his  discretion.  Especially  should  he  have  this  indulgence  when  he 
appears  to  have  acted  from  good  motives  and  not  from  anger  or  malice.  Hence, 
the  teacher  is  not  to  be  held  liable  on  the  ground  of  excess  of  punishment  unless 
the  punishment  is  clearly  excessive,  and  would  be  so  held  in  the  general  judgment 
of  reasonable  men.  If  the  punishment  be  thus  clearly  excessive,  then  the  master 
should  be  held  liable  for  such  excess,  though  he  acted  from  good  motives  in  in- 
flicting the  punishment,  and  in  his  own  judgment  considered  it  necessary  and 
not  excessive.  But  if  there  is  any  reasonable  doubt  whether  the  punishment  was 
excessive,  the  master  should  have  the  benefit  of  the  doubt." 
Lander  v.  Slaver,  32  F/.,  1 14. 

In  State  v.  Mizner,  59  la.,  the  supreme  court  approved  the  following  instruc- 
tions : 

"  In  the  absence  of  all  proof,  the  law  presumes  that  a  father  or  school  teacher 
punishes  a  child  of  the  father  or  the  pupil  of  the  teacher  for  a  reasouable  cause 


68  SCHOOL    LAWS. 

and  in  a  moderate  and  reasonable  manner.     But  this  presumption,  like  all  other 
legal  presumptions,  may  be  rebutted  by  the  proof. 

"The  legal  objects  and  purposes  of  punishment  in  schools  are  like  the  objects 
and  purposes  of  the  state  in  punishing  the  citizens.  They  are  threefold.  First, 
the  reformation  and  the  highest  good  of  the  pupil ;  second,  the  enforcement  and 
maintenance  of  correct  discipline  in  school;  and  third,  as  an  example  to  like 
evil-doers.  And  in  no  case  can  the  punishment  be  justifiable  unless  it  is  in- 
flicted for  some  definite  offense  or  offenses  which  the  pupil  has  committed,  and 
the  pupil  is  given  to  understand  what  he  or  she  is  being  punished  for.  And  if 
you  find  from  the  evidence  that  the  punishment  in  this  case  was  inflicted  upon 
the  prosecutrix  without  her  knowing  what  she  was  being  punished  for.  then  the 
punishment  was  wrong  on  the  part  of  the  defendant.  Punishment  inflicted  when 
the  reason  of  it  is  unknown  to  the  punished,  is  subversive  and  not  promotive  of 
the  true  objects  of  punishment,  and  can  not  be  justified." 

It  was  also  held  that  any  punishment  with  a  rod  which  left  marks  or  welts  on 
the  person  of  the  pupil  for  two  months  afterward,  or  much  less  time,  was  im- 
moderate and  excessive,  and  that  the  court  would  have  been  jusrified  in  so  in- 
structing the  jury.  In  this  case  the  pupil  was  punished  by  the  teacher  because, 
acting  under  the  direction  of  her  father,  she  did  not  study  algebra  or  attend 
school  at  the  hours  fixed.  The  court  held  that  such  a  violation  of  rules  should 
be  punished  by  suspension  or  expulsion  and  not  by  whipping. 

"  We  hold,  therefore,  that  it  may  be  laid  down  as  a  general  rule,  that  teachers 
exceed  the  limits  of  their  authority  when  they  cause  lasting  mischief;  but  act 
within  the  limits  of  it  when  they  inflict  temporary  pain. 

"  Within  the  sphere  of  this  authority  the  master  is  the  judge  when  correction 
is  required,  and  of  the  degree  of  correction  necefsary ;  and,  like  all  others  in- 
trusted with  a  discretion,  he  can  not  be  made  personally  responsible  for  error  of 
judgment,  but  only  for  wickedness  of  purpose. 

"  But  the  master  may  be  punishable  when  he  does  not  transcend  the  powers 
granted,  if  he  grossly  abuse  them.  If  he  use  his  authority  as  a  cover  for  malice, 
and  under  pretense  of  administering  correction  gratify  his  own  bad  passions,  the 
mask  of  the  judge  shall  be  taken  off,  and  he  will  stand  amenable  to  justice  as 
an  individual  not  invested  with  judicial  power." 

State  v.  Pendergrass,  2  Dev.  &  Bat.,  365. 

"  If,  inflicting  punishment  upon  his  pupil,  he  went  beyond  the  limit  of  mod- 
erate castigation,  and,  either  in  the  mode  or  degree  of  correction,  was   guilty  of 
any  unreasonable  and  disproportionate  violence  or  force    he   was   clearly   liable 
for  such  excess  in  a  criminal  prosecutioia." 
i  Hawk.,  c.  60,  sec,  23. 
Kussell  an  Crimes,  'jth  Amer.  Ed.,  755. 
Bac.  Ab.  Assault  and  Battery,  C.  J. 

"  It  is  undoubtedly  true,  that,  in  order  to  support  an  indictment  for  an  assault 
and  battery,  it  is  necessary  to  show  that  it  was  committed  ex  intentione,  and 


SCHOOL    LAWS.  69 

that  if  the  criminal  intent  is  wanting  the  offense  is  not  made  out.  But  this  intent 
is  always  inferred  from  the  unlawful  act.  The  unreasonable  and  excessive  use  of 
force  on  the  person  of  another  being  proved,  the  wrongful  intent  is  a  necessary 
and  legitimate  conclusion  in  all  cases  where  the  act  was  designedly  committed' 
It  then  becomes  an  assault  and  battery,  because  purposely  inflicted  without 
justification  or  excuse.  Whether,  under  all  the  facts,  the  punishment  of  the  pu- 
pil is  excessive,  must  be  left  to  the  jury." 

Commonwealth  v.  Randall,  4  Gray,  36. 

"  In  inflicting  such  punishment  the  teacher  must  exercise  sound  discretion  and 
judgmentrand  must  adapt  it  not  only  to  the  offense  but  to  the  offender.  Horace 
Mann,  a  high  authority  in  the  matter  of  schools,  says  of  corporal  punishment : 
*  It  should  be  reserved  for  baser  faults.  It  is  a  coarse  remedy,  and  should  be 
employed  upon  the  coarse  sins  of  our  animal  nature,  and,  when  employed  at  all, 
should  be  administered  in  strong  doses.'  Of  course  the  teacher,  in  inflicting 
such  punishment,  must  not  exceed  the  bounds  of  moderation.  No  precise  rule 
can  be  laid  down  as  to  what  shall  be  considered  excessive  or  unreasonable  pun- 
ishment." 

Reeve's  Dom.  Rel,  288. 

"  Each  case  must  depend  upon  its  own  circumstances.  And  we  think  it  equally 
clear  that  he  should  also  take  into  consideration  the  mental  and  moral  qualities 
of  the  pupil,  and,  as  indicative  of  these,  his  general  behavior  in  school  and  his 
attitude  towards  his  teacher  becomes  proper  subjects  of  consideration. 

'•  We  think,  therefore,  that  the  court  acted  properly  in  admitting  evidence  of 
the  prior  and  habitual  misconduct  of  the  plaintiff,  and  that  it  was  perfectly  proper 
for  the  defendant,  in  chastising  him,  to  consider  not  merely  the  immediate  offense 
which  had  called  for  the  punishment,  but  the  past  offenses  that  aggravated  the 
present  one,  and  showed  the  plaintiff  to  have  been  habitually  refractory  and  dis- 
obedient. Nor  was  it  necessary  that  the  teacher  should,  at  the  time  of  inflicting 
the  punishment,  remind  the  pupil  of  his  past  and  accumulating  offenses.  The 
pupil  knew  them  well  enough  without  having  them  freshly  brought  to  his  notice." 
Shelion  v.  Sturgess,  53  Conn.,  481. 

If  a  pupil  who  is  of  age  attends  school,  she  submits  herself  to  all  the  rules  of 
the  school  and  to  like  discipline  with  those  pupils  who  are  under  age. 
State  v.  Mizner,  45  /a.,  248. 

The  same  rule  holds  if  the  pupil  is  over  twenty-one  years  of  age  and  attends 
the  school  by  consent  of  the  directors. 

Stevens  v.  Fassett,  27  Me.,  266. 

In  Peckv.  Smith,  41  Conn.,  442,  the  judge  held  that  a  member  of  a  school 
board  may  eject  a  pupil  from  the  school  house  for  insulting  conduct  towards  him: 

"  The  defendant,  being  at  the  school  house  performing  certain  duties  connected 
with  the  school,  called  the  attention  of  the  plaintiff  to  certain  acts,  not  specially 
culpable  in  character,  which  he  acknowledged  he  had  committed.  His  bearing 
and  manner  were  insolent  and  offensive,  and  the  language  in  which  he  indulged 


70  SCHOOL    LAWS. 

was  grossly  profane.  Such  language,  reprehensible  at  all  times,  should  not  have 
been  allowed  to  pass  with  impunity  from  a  school  boy  of  the  older  class,  within 
the  walls  of  a  school  house,  in  the  presence  and  hearing  of  younger  pupils. 
After  being  told  to  leave  he  so  conducted  himself  that  it  was  proper  to  remove 
him,  no  unnecessary  force  being  used  to  attain  that  object. 

"  It  may  be  proper  to  observe,  however,  that  public  sentiment  does  not  now 
tolerate  such  corporal  punishment  of  pupils  as  was  formerly  thought  permissible 
and  even  necessary." 

i  Coolers  Blackstone,  453. 

Rules  which  should  control  the  teacher  in  inflicting  punishment.  The  opinions 
of  the  highest  judicial  tribunals  and  eminent  jurists  concur  in  respect  to  the  pro- 
priety and  necessity  of  granting  school  teachers  authority  to  inflict  corporal  pun- 
ishment in  certain  cases,  and  of  protection  to  them  in  the  prudeut  and  reasona- 
ble exercise  of  such  authority  either  to  promote  the  welfare  of  the  child  or  the 
welfa-re  of  the  whole  school.  Teachers  are,  however,  held  to  a  just  accountability 
for  the  abuse  of  the  power  conferred.  The  decisions  cited  relate  to  punishments 
with  the  rod,  ferule,  etc.,  but  the  rule  of  discretion  and  accountability  is  the  same 
for  all  other  forms  of  punishment.  Without  doubt  the  best  teachers  do,  as  a  general 
rule,  use  the  rod  least,  because  they  have  a  more  perfect  personal  discipline,  and 
command  a  wider  range  of  mental  and  moral  resources  from  which  to  draw  in  deal- 
ing with  the  wayward  and  erring ;  and  because  they  have,  by  nature,  the  faculty 
of  dealing  easily  and  successfully  with  youth.  It  may  be  that  if  we  all  were  wise 
enough,  some  other  remedy  might  be  found  in  every  case;  I  cannot  say.  But  it 
is  quite  certain  that,  so  far  as  we  can  judge  of  cause  and  effect,  cases  arise  at 
one  time  or  another  in  the  experience  of  most  teachers,  when  the  timely  and  ju- 
dicious infliction  of  corporal  punishment  seems,  both  at  the  time  and  afterwards, 
the  wisest  and  best  thing  that  could  be  done.  Certain  it  is,  also  that  castigation 
with  the  rod  is  often  less  cruel  than  sharp  words,  tones  of  irony,  sarcasm  or  in- 
vective, and  less  humiliating  and  harmful  than  some  of  the  substitutes  therefor. 
Illinois  School  Laws  and  Decisions. 

SEC.  7061.  They  may  permit  older  persons  to  attend 
the  school  under  such  regulations  as  they  may  deem  proper. 
Ib.,  part  sec.  76. 

SEC.  7062.  The  county  court  shall  have  power,  upon  the 
petition  of  any  person  residing  in  any  particular  school  dis- 
trict, to  transfer  the  children  or  wards  of  such  person,  for 
educational  purposes,  to  an  adjoining  district  in  the  same 
county,  or  to  an  adjoining  district  in  an  adjoining  county  ; 
Provided,  Said  petitioner  shall  state  under  oath  that  the 
transfer  is  for  school  purposes  alone.  Provided,  further, 


SCHOOL    LAWS.  /I 

Where  a  number  of  colored  children  or  wards,  not  exceed- 
ing ten,  reside  in  a  particular  school  district,  the  county 
court  shall  have  power,  upon  the  petition  of  any  person,  to 
transfer  said  colored  children  or  wards  of  such  person  to  an 
adjoining  district  in  the  same  county,  or  an  adjoining  district 
in  an  adjoining  county ;  and,  also,  where  a  number  of  white 
children  or  wards,  not  exceeding  ten,  reside  in  a  particular 
school  district,  the  county  court  shall  have  power,  upon  the 
petition  of  any  person,  to  transfer  said  white  children  or 
wards  of  such  person  to  an  adjoining  district  in  the  same 
county,  or  an  adjoining  district  in  an  adjoining  county;  and 
said  transfers  under  the  last  named  proviso  shall  not  destroy 
the  legality  of  such  school  districts,  although  the  number  of 
children  be  reduced  to  a  number  less  than  thirty-five  persons 
of  scholastic  age  ;  and  said  petitioner  shall  at  once  notify 
the  county  examiner  of  the  county  or  counties  and  the  di- 
rectors of  both  districts.  Act  April 3,  1891.  See  sec.  6988. 

It  must  be  remembered  that  the  right  is  a  personal  one  and  reaches  no  further 
than  the  children  or  wards  of  the  person  asking  it.  It  does  not  transfer  the  ten- 
ants of  the  person  nor  any  on'e  living  upon  his  estate.  Tenants  are  not  serfs  and 
may  not  be  transferred  nolens  nolens  upon  the  petition  of  the  landlord. 

The  transfer  can  only  be  made  to  adjoining  districts.  The  practice  of  trans- 
ferring to  distant  districts  not  adjoining  is  pernicious  and  unlawful. 

SEC.  7063.  The  directors  of  the  district  to  which  such 
children  have  been  transferred,  at  the  time  of  the  enumera- 
tion shall  include  such  children  in  the  district  to  which  they 
have  been  transferred,  and  they  shall  not  be  enumerated  in 
the  district  where  they  reside.  The  district  school  tax  of 
such  person  shall  be  added  to  the  school  revenues  of  the 
pistrict  to  which  he  has  been  transferred,  and  shall  not  be 
included  in  the  school  revenues  of  the  district  where  he  re- 
sides. 

A  transfer  into  a  new  district  places  the  children  and  all  the  taxes  for  school 
purposes  of  thn  party  transferred  in  the  district  to  which  said  party  transfers. 
The  party  thus  transferred  can  vote  and  hold  office  in  said  district,  provided  said 
party  is  not  transferred  out  of  his  own  township.  See  following  section. 


72  SCHOOL    LAWS. 

SEC.  7064.  Any  person  who  transfers  his  child,  children 
or  wards  and  property  to  any  district  for  educational  pur- 
poses, shall  have  the  same  right  to  vote  in  said  district  for 
directors  and  tax  as  other  electors  have  of  the  district  to 
which  he  is  so  transferred.  Where  such  person  is  transferred 
to  a  district  out  of  his  county,  the  county  treasurer  of  the 
county  wherein  he  resides,  shall  open  an  account  with  the 
district  to  which  he  is  transferred,  and  his  school  taxes 
shall  be  credited  to  the  same  and  paid  on  the  warrants  of 
the  directors  of  the  district  to  which  he  is  transferred. 
Provided,  Any  person  transferring  his  property  and  children 
to  an  adjoining  school  district,  for  educational  purposes, 
shall  not  have  the  right  to  vote  for  directors  or  tax  out  of 
his  county,  and  to  vote  only  in  the  political  township  in 
which  he  resides.  '  Dec.  7,  1875,  sec.  j6%  as  amended  by  act 
March  30,  1883,  sec.  i. 

SEC.  7065.  The  directors  may  permit  a  private  school 
to  be  taught  in  the  district  school  house  during  such  time 
as  the  said  house  is  not  occupied  by  a  public  school,  unless 
they  be  otherwise  directed  by  a  majority  of  the  legal  voters 
of  the  district.  Act  December  7,  /#75,  sec.  77. 

SEC.  7066.  The  directors  shall  cause  the  public  schools 
in  their  districts  to  be  closed  on  the  days  appointed  for 
public  examination  of  teachers  in  their  county,  and  also 
cause  the  said  school  to  be  closed  during  the  session  of  the 
teachers  institute  ;  Provided,  Said  schools  shall  not  be  closed 
for  a  greater  length  of  time  than  five  days  during  any  one 
session  of  not  more  than  five  months.  Act  March  27,  1885. 

By  Act  XXVII,  approved  March  5,  1895,  so  much  of  this  section  as  relates 
to  public  examinations  is  repealed.  Teachers  are  not  now  required  to  attend 
examinations  unless  they  desire  to  obtain  license  to  teach.  No  examination 
and  institute  can  be  held  at  the  same  time.  Teachers  are  required  to  attend  an 
institute  of  one  week  each  year  and  cannot  be  charged  for  loss  of  time  while 
attending.  See  sec.  7073. 

SEC.  7067.     Directors  and  county  examiners  shall  be  ex- 


SCHOOL    LAWS.  73 

empt  from  working  on  roads  and  highways.  Act  December 
7,  1875,  sees.  77-79,  cis  amended  by  act  March  23,  i8gi. 

SEC.  7068.  Any  director  or  other  person  whose  duty  it 
may  become  to  report  to  the  county  court  the  per  cent,  of 
tax  levied  by  any  school  district  at  an  annual  meeting,  and 
who  shall  neglect  or  refuse  to  do  so  in  the  manner  and  at 
the  time  provided  by  law,  shall  be  liable  for  all  loss  which 
may  be  sustained  by  such  failure  and  for  all  costs,  and  shall 
be  fined  not  less  than  ten  nor  more  than  fifty  dollars. 

SEC.  7069.  Within  fifteen  days  after  any  special  tax 
shall  be  voted  by  a  school  district  at  an  annual  meeting,  it 
shall  be  the  duty  of  the  directors  to  furnish  the  county 
clerk  with  a  certified  list  of  all  persons  owning  property  in 
the  district  liable  to  pay  such  special  tax. 

SEC.  7070.  Any  person  whose  duty  it  is  to  execute  sec- 
tions 7046,  7069  or  7084,  and  who  shall  fail  to  do  so,  shall 
be  fined  not  less  than  ten  nor  more  than  fifty  dollars,  and 
the  same  shall  be  paid  into  the  county  treasury.  Act  March 
if,  1881,  sees.  /,  j  and  g. 

TEACHERS. 

SEC.  7071.  Any  person  who  shall  teach  in  a  common 
school  in  this  state,  without  a  certificate  of  his  qualification 
and  his  license  to  teach,  shall  not  be  entitled  to  receive  for 
such  services  any  compensation  from- revenues  raised  by  tax 
or  in  any  wise  appropriated  for  the  support  of  common 
schools  ;  Provided,  If  his  license  expire  by  limitation  during 
any  school,  such  expiration  shall  not  have  the  effect  to  in- 
terrupt his  school,  or  to  debar  his  claim  against  school 
revenues  for  the  payment  of  teacher's  wages. 

The  right  to  teach  is  based  upon  an  approved  examination  before  a  state 
officer.  Every  teacher  must  show  a  certificate  or  not  receive  state  revenue. 
This  includes  all  assistants.  The  assistant  is  a  teacher  and  can  only  receive 
compensation  lawfully  through  the  directors.  No  principal  can  draw  a  lump 
salary  from  the  school  revenues  to  pay  for  either  licensed  or  unlicenr ed  assistants. 
Each  teacher  must  have  a  separate  contract  and  draw  his  separate  compensation. 


74  SCHOOL   LAWS. 

The  treasurer  is  warranted  in  demanding  the  license  and  the  contract  before 
paying  any  warrant ;  and  if  such  contract  discloses  the  fact  that  the  warrant  is 
drawn  to  cover  the  salary  of  an  unlicensed  teacher,  it  should  not  be  paid.  See 
sees.  7052,  7051  and  7043. 

The  teacher  must  have  a  living  license  on  the  day  he  begins  the  actual  work 
of  teaching.  Having  begun  his  school  lawfully  he  may  finish  it,  although  his 
license  expires  before  the  end  of  his  term.  This,  however,  does  not  preclude 
the  board  of  directors  from  demanding  of  each  applicant  a  license  which  shall 
cover  the  entire  term  provided  for  in  the  contract. 

The  district  is  entitled  to  the  services  of  a  teacher  qualified  under  the  law  and 
no  act  of  the  directors  can  bind  the  district  to  pay  for  the  services  of  an 
incompetent  man. 

Deval  v.  School  District  No.  3,  Michigan  Supreme  Court   Reports, 
1889. 

As  elsewhere  stated,  all  funds  collected  from  taxes  levied  by  school  directors, 
must  be  held  subject  to  and  paid  out  upon  the  orders  of  the  directors  of  the  dis- 
trict. But  the  orders  on  such  tax  funds  must  be  for  the  payment  of  debts  legally 
contracted  and  no  others.  Hence  a  board  of  directors  cannot  use  any  portion 
of  such  special  district  taxes  to  pay  a  teacher  who  taught  without  having  the 
necessary  certificate  of  qualifications.  Directors  are  empowered  to  levy  taxes  for 
the  sole  purpose  of  supporting  or  extending  the  terms  of  such  schools,  and  such 
only  as  the  law  contemplates.  But  the  law  does  not  contemplate  or  in  any  man- 
ner recognize,  schools  taught  by  teachers  who  have  no  certificates,  and  no  public 
or  special  tax  fund  can,  therefore,  be  used  to  pay  any  of  the  expenses  of  schools 
so  taught.  Any  other  interpretation  of  the  statute  would  be  absurd,  because  if 
the  directors  may  ignore  every  other  provision  in  respect  to  certificates,  they  may 
ignore  every  other  provision  of  the  act,  and  levy  taxes  to  pay  the  teachers  of 
writing  schools,  singing  schools,  or  any  other  description  of  schools,  however  un- 
like they  may  be  to  the  public  schools  provided  for  in  the  statute. 
Casey  v.  Baldridge,  15  ///.,  65. 
Wells  v.  People,  71  ///.,  532. 

Directors  who  pay  a  teacher  who  has  not  a  certificate  are  personally  liable  for 
the  loss  of  school  funds  through  their  misuse  of  them.  The  school  taught  by  a 
teacher  without  a  certificate  is  not  a  legal  school ;  and  if,  on  that  account,  the 
district  loses  its  share  of  funds  distributed  by  the  trustees,  the  directors  are  further 
liable  personally  for  such  loss.  They  are  also  liable  to  a  fine  for  a  failure  to  per- 
form their  duty  under  the  law. 

If  directors  employ  a  teacher  who  has  not  a  certificate,  as  required  by  law,  and 
the  treasurer  knows  the  fact,  even  if  the  directors  certify  to  his  schedule,  the 
treasurer  can  not  pay  it.  It  would  be  a  case  of  open  violation  of  a  positive  re- 
quirement of  the  law,  and  should  not  be  overlooked.  Known  and  palpable 
fraud  always  vitiates. 

Any  interested  tax-payer  may  enjoin  the  payment  of  a  teacher  who  has  no  cer- 


SCHOOL    LAWS.  75 

tificate,  or  may  stop  the  payment  of  a  judgment  in  favor  of  such  teacher,  if  ob- 
tained by  collusion  with  the  directors. 

Barrv.  Deniston,  19  N.  H.,  170. 
Noble  v.  Directors,  1 1 7  ///.,  30. 

If  a  teacher  teaches  for  a  while  without  a  certificate  and  then  gets  one,  the  di- 
rectors can  not  pay  for  the  time  taught  without  a  certificate.  Neither  can  they 
pay  him  indirectly  for  such  time  by  hiring  him  over  at  an  advance  in  salary  suffi- 
cient to  make  up  for  the  time  taught  before  he  got  a  certificate.  Public  officers 
must  not  do  indirectly  what  the  law  forbids  them  to  do  directly. 
Wells  v.  People,  71  ///.,  532. 

Substitutes  and  assistants  must  have  certiocates.  The  teacher  employed  as  a 
substitute  for  however  short  a  time,  must  have  a  certificate  of  qualification,  make 
a  schedule,  and  comply  with  all  other  requirements  of  the  law,  or  the  public 
funds  can  not  be  used  in  payment  of  temporary  services  so  rendered.  One 
teacher  can  not  receive  wages  on  the  certificate  of  another,  or  in  the  name  of 
another  teacher. 

All  assistant  teachers,  special  teachers  of  writing,  etc.,  included,  in  the  public 
schools,  must  have  certificates  of  qualification  from  the  county  examiner — there 
is  no  exception  to  the  emphatic  requirements  of  the  law  in  respect  to  certificates. 

This  opinion  is  grounded  upon  the  plain  object  of  the  legislature  in  requiring 
teachers  to  possess  certificates;  which  can  be  none  other  than  to  secure  the  em- 
ployment of  teachers  of  approved  character  and  ability — a  consideration  of  quite 
as  much  moment  in  the  case  of  assistant  teachers,  as  any  other. 

It  is  held  that  the  superintendent  of  city  and  village  schools  belongs  to  the 
teaching  force,  and  should,  therefore,  have  a  certificate  of  qualification  in  order 
that  he  may  draw  his  pay. 

When  the  directors  persist,  in  violation  of  law,  in  retaining  a  teacher  who  does 
not  hold  a  certificate,  any  tax-payer  or  patron  of  the  school  would  be  entitled  to 
an  injunction  to  restrain  the  teacher  or  board  from  continuing  the  school.     The 
county  superintendent  can  not  take  out  an  injunction  in  such  a  case. 
Perkins  v.  Wolf,  17  la.,  228. 
Barrv.  Deniston,  19  N.  H.t  170. 

SEC.  7072.  Every  teacher  shall  keep  a  daily  register  of 
his  school  in  the  manner  prescribed  by  law,  and  indicated 
by  the  blank  school  register  to  be  furnished  by  the  directors 
at  the  commencement  of  his  school. 

Directors  cannot  make  the  reports  required  by  law  without  the  information 
contained  in  this  register,  and  they  should  exact  rigidly  a  compliance  with  the 
requirements  of  this  section.  No  teacher  who  refuses  to  comply  with  law  or  who 
is  unable  to  comply  therewith  should  be  retained  as  a  teacher,  and  the  proper 
steps  should  be  taken  at  oner  to  revoke  his  license. 


76  SCHOOL    LAWS. 

Directors  must  not  draw  warrant  for  last  month's  salary  until  this  register  is 
completed  for  the  term. 

ACT  XXVII. 

SEC.  7073.  An  act  to  amend  section  7073  of  Sandels  & 
Hill's  Digest. 

SECTION 

.  I.     Only  teachers  to  be  examined  for  position  in  public  schools  of  any  county 
required  to  attend  examinations  in  county. 

2.  Teachers  in  public  schools  shall  attend  county  normal  once  a  year. 

3.  Normal  institute  and  quarterly  examination  shall  not  be  held  at  same  time. 

4.  No  teacher  attending  either  shall  be  charged  with  loss  of  time. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Arkansas: 

That  section  seven  thousand  and  seventy-three  of  Sandels 
&  Hill's  Digest  be  amended  so  as  to  read  as  follows  : 

Section  I.  It  shall  be  the  duty  of  only  such  teachers  as 
desire  to  be  examined  for  license  to  teach  in  the  public 
schools  of  any  county  to  attend  any  public  examination  for 
teachers  in  said  county. 

Sec.  2.  It  shall  be  the  duty  of  all  the  teachers  of  the 
public  schools  to  attend  one  institute  annually,  which  shall 
be  held  by  the  county  examiner,  after  having  given  twenty 
days'  notice  of  the  time  and  place  of  the  institute  in  the 
same  manner  as  is  now  required  by  law  for  quarterly  exam- 
inations. 

Sec.  3.  No  institute  and  quarterly  examination  shall  be 
held  at  the  same  time. 

Sec.  4.  No  teacher,  when  attending  a  quarterly  examina- 
tion, or  an  institute,  shall  be  charged  for  loss  of  time  while 
necessarily  absent  from  his  school  to  attend  such  examina- 
tion or  institute. 

Approved  March  5,  1895. 

There  is  no  way  to  avoid  this  duty,  nor  is  it  lawful  for  directors  to  encourage 
teachers  in  a  wilful  violation  of  law.  It  is  still  worse  when  they  try  to  force 
teachers  to  do  this  by  reservations  in  the  contract.  No  teacher  is  bound  by  any 
contract  which  requires  him  to  violate  the  law. 

Teachers  must  attend  these  institutes.  This  law  only  excuses  them  from  the 
examinations  while  they  hold  certificates. 


SCHOOL    LAWS.  // 

SEC.  7074.  No  teacher  employed  in  any  of  the  com- 
mon schools  shall  permit  sectarian  books  to  be  used  as  a 
reading  or  text-book  in  the  school  under  his  care. 

The  law  leaves  the  discretion  of  reading  or  not  reading  the  Bible  with  the 
school  boards,  and  the  courts  have  uniformly  refused  to  restrain,  coerce  or  inter- 
fere with  this  discretion. 

Board  of  Education  of  Cincinnati  v.  Minor ,  23  Ohio  Stat.,  211. 
McCormich  v.  JSurt.,  Northwestern    Reporter,  Illinois   Supplement, 
Vol  i,/.  340. 

The  use  of  any  version  of  the  Bible  as  a  text-book  in  the  public  schools,  and 
the  stated  reading  thereof  in  such  schools  by  the  teachers,  without  restriction, 
although  unaccompanied  by  any  comment,  was  held  by  the  supreme  court  of 
Wisconsin  in  State  v.  Board  of  Education  (76  Wis.,  177),  as  having  a  tendency 
to  inculcate  sectarian  ideas,  and  such  use  enjoined. 

It  was  held  however  that  text-books  founded  upon  the  fundamental  teachings 
of  the  Bible,  or  which  contain  extracts  th'erefrom,  and  such  portions  of  the  Bible 
as  are  not  sectarian,  might  be  used  in  the  secular  instruction  of  the  pupils  and 
to  inculcate  good  morals. 

This  is  the  latest  legal  deliverances  upon  this  important  subject  and  deserves 
the  most  careful  study  of  all  educators. 

SEC.  7075.  Any  teacher  who  shall  have  complied  with 
the  provisions  of  this  act  shall  be  paid  from  the  first  money 
received  into  the  county  treasury  to  the  credit  of  the  district; 
and  his  claim  shall  not  be  superseded  by  any  subsequent 
claim  (u) ;  and  no  money  in  the  county  treasury  belonging 
to  any  district  shall,  so  long  as  there  is  any  such  claim  filed 
against  the  said  district,  be  applied  to  any  purposes  what- 
ever other  than  the  payment  of  teachers'  wages.  Act  De- 
cember 7,  1875,  sees.  80-84.. 

SEC.  7076.  No  teacher  shall  be  entitled  to  the  last 
month's  pay  for  any  school  taught  by  him  until  he  shall  have 
returned  to  the  directors  of  the  district  in  which  such  school 
was  taught  the  daily  register  furnished  him,  with  all  statisti- 
cal work  which  teachers  are  by  law  required  to  perform, 
perfected  and  complete,  and  no  director  shall  otherwise  issue 
an  order  for  such  last  month's  pay.  Act  March  //,  1881, 
sec.  4.. 

(u.)     See  sec.  7081. 


78  SCHOOL    LAWS. 

TRESPASS    ON    SCHOOL    HOUSES,    ETC. 

SEC.  7077.  Any  person  who  shall  wilfully  destroy  or  in- 
jure any  building  used  as  a  school  house,  or  for  other  edu- 
cational purposes,  or  any  furniture,  fixtures  or  apparatus 
thereto  belonging,  or  who  shall  deface,  mar  or  disfigure  any 
such  building,  furniture  or  fixtures,  by  writing,  cutting, 
painting  or  pasting  thereon  any  likeness,  figure,  words  or 
device,  without  the  consent  of  the  teacher  or  other  person 
having  control  of  such  house,  furniture,  or  fixtures  shall  be 
fined  in  a  sum  double  the  value  of  any  such  building,  furni- 
ture, fixtures  or  apparatus  so  destroyed,  and  shall  be  fined 
in  a  sum  not  less  than  ten  nor  more  than  fifty  dollars  for 
each  offense  for  writing,  painting,  cutting  or  pasting  in  any 
such  building,  furniture  or  fixtures  any  such  words,  figures, 
likeness  or  device,  to  be  recovered  by  civil  action  in  any 
court  of  competent  jurisdiction;  and  the  punishment 
provided  in  this  section  is  in  addition  to,  and  not  in  lieu  of, 
the  punishment  provided  by  the  statutes  for  such  offenses 
(v).  .Act  December  7,  /#75,  sec.  86. 

SCHOOL    WARRANTS  (w] — DISBURSEMENTS  OF  FUNDS,  ETC. 

SEC.  7078.  It  shall  be  unlawful  for  county  collectors 
and  treasurers  to  purchase  or  otherwise  be  the  owners  of  or 
interested,  directly  or  indirectly,  in  any  school  warrant 
issued  by  any  school  director  of  the  county  in  which  they 
reside. 

SEC.  7079.  The  district  school  tax  in  each  county  may 
be  payable  and  receivable  in  the  warrants  drawn  by  the  di- 
rectors of  the  school  district  in  which  a  school  tax  may  be 
levied  by  the  county  court. 

SEC.  7080.     It  shall  be  the   duty  of  the  county  treasurer 

(£>.)  For  an  offense  committed  by  insulting  a  teacher  in  the  presence  of  his 
pupils,  see  sec.  1539.  For  cutting,  writing  upon  or  defacing  school-houses,  see 
sec.  1794.  For  disturbing  schools,  see  sec.  1798. 

(«/.)  The  statute  of  limitations  runs  on  school  warrants.  School  District  v. 
C 'roomer,  52-454 ;  School  District  v.  Reeve,  56-68. 


SCHOOL    LAWS.  79 

of  each  county  to  keep  in  his  office  a  suitable  anc)  well- 
bound  book,  in  which  he  shall  register  by  number  and  in 
the  order  of  presentation  all  district  school  warrants  that 
may  be  presented  to  him ;  this  registration  to  be  made  be- 
fore the  warrant  is  paid,  and  it  shall  show  the  date  of  the 
presentation  of  the  warrant,  by  whom  drawn,  on  what  dis- 
trict and  in  whose  favor,  and  for  what  purpose  drawn,  the 
amount  and  date  of  the  warrant,  date  of  payment,  and  to 
whom  paid  ;  and  said  book  shall  at  all  times  be  subject  to 
the  inspection  of  any  tax-payer  (x). 

SEC.  7081.  It  shall  be  the  duty  of  the  county  treasurers, 
immediately  upon  the  receipt  by  them  of  any  school  funds, 
to  give  notice  of  the  amount  and  kind  of  funds  received, 
and  from  what  source  received,  by  written  or  printed  no- 
tices put  up  in  two  public  places  in  each  and  every  school 
district  and  at  the  court-house  door,  and  the  funds  so  re- 
ceived shall  be  paid  out  pro  rata  on  the  warrants  registered 
in  accordance  with  the  provisions  of  the  preceding  section 
(y)  >  Provided,  Application  for  such  payment  is  made  within 
thirty  days  from  the  giving  of  the  notice  herein  required. 

SEC.  7082.  Any  officer  failing  to  comply  with  the  re- 
quirements of  this  act  for  each  and  every  offense,  shall  be 
subject  to  indictment,  and,  if  found  guilty,  shall  be  punished 
by  a  fine  of  not  less  than  five  hundred  dollars  and  by  con- 
finement in  the  penitentiary  of  the  state  for  a  period  not 
less  than  three  nor  more  than  twelve  months. 

SEC.  7083.  Any  director  who  shall  fraudulently  issue 
any  school  warrant  shall  be  guilty  of  a  misdemeanor,  and, 
upon  conviction,  shall  be  subject  to  the  penalties  enum- 
erated in  the  preceding  section.  Act  May  2J,  1874.. 

SEC.  7084.  The  county  treasurer  shall,  on  or  before  the 
first  day  of  September  each  year,  forward  to  the  superin- 

(.*•.)     The  legislature  may  relieve  the  treasurer  and  his  bondsmen  from  liability 
for  school  funds.     Pearson  v.  State,  56-148. 
(y.)     See  sec.  6993. 


8O  SCHOOL    LAWS. 

tendent  of  public  instruction  a  certified  statement  showing 
the  amount,  in  kind,  of  public  school  funds  received  by 
him  ;  from  what  sources  they  were  received  ;  how  and  for 
what  purposes  they  have  been  disbursed,  and  what  amount, 
in  kind,  remains  in  the  treasury.  Act  March  //,  iS8i,  sec.  8. 

SEC.  7085.  The  order  of  any  board  of  directors,  prop- 
erly drawn  after  the  passage  of  this  act,  other  than  those  of 
single  school  districts  in  cities  and  towns,  shall  be  presented 
to  the  treasurer  of  the  proper  county  within  sixty  days 
after  it  was  drawn  by  the  said  board  of  directors.  All 
such  orders  shall  be  paid  in  the  order  of  their  presentation 
(2).  Act  March  21,  1885,  sec.  i. 

SEC.  7086.  If  there  are  no  funds  with  which  to  pay  such 
order,  the  treasurer,  shall  indorse  the  same :  "Not  paid  for 
want  of  funds,"  giving  the  date  and  signing  his  name  officially. 
He  shall  number  and  record  each  warrant  in  the  book  pro- 
vided for  such  purpose,  keeping  a  separate  record  for  each 
district,  and  shall  pay  said  warrants  in  the  order  of  their 
number.  Act  March  21,  1885,  sec.  2. 

VIOLATION  OF  SCHOOL  LAWS — DUTY  OF    PROSECUTING    ATTOR- 
NEYS. 

SEC.  7087.  The  prosecuting  attorney  of  each  judicial 
district  shall,  upon  being  satisfied  that  any  violation  of  the 
school  laws  of  this  state  has  been  committed  by  any  officer 
or  person,  in  any  county  of  his  district,  which  renders  such 
officer  or  person  so  offending  liable  to  any  fine,  pain,  penalty 
or  forfeiture  for  damage,  without  delay,  institute  in  any 
court  of  competent  jurisdiction  such  proceeings  as  are 
necessary  to  bring  such  offender  to  trial,  and  secure  to  the 
county  school  district,  or  person  damaged  by  such  violation, 
the  benefits  and  reliefs  to  which  each  or  any  of  them  may 
be  entitled  ;  and  for  such  services  the  prosecuting  attorney 
shall  be  allowed  the  same  compensation  as  he  is  allowed  in 

(0.)     See  School  District  v.  Reeve,  56-68. 


SCHOOL    LAWS.  8 1 

cases  of  misdemeanor,  which  shall  be  assessed  against  such 
offender  as  cost.     Act  March  //,  1881,  sec.  10. 

SPECIAL    ACT    FOR    THE    REGULATION    OF    PUBLIC    SCHOOLS    IN 
CITIES    AND   TOWNS. 

SEC.  7088.  Any  incorporated  city  or  town  in  this  state, 
including  the  territory  annexed  thereto  for  school  pnrposes, 
may  be  organized  into  and  established  as  a  single  school 
district  in  the  manner  and  with  the  powers  hereinafter  speci- 
fied. Act  February  4.,  1869,  sec.  i. 

SEC.  7089.  Upon  the  written  petition  of  twenty  voters 
of  such  city  or  town,  praying  that  the  sense  of  the  legal 
voters  of  said  city  or  town  may  be  taken  on  the  adoption  of 
this  act  for  the  regulation  and  government  of  the  public 
schools  therein,  it  shall  be  the  duty  of  the  mayor  of  such 
city  or  town,  within  five  days  after  the  presentation  of  such 
petition,  to  designate  and  fix  a  day,  not  less  than  seven  nor 
more  than  fifteen  days  distant,  for  holding  an  election  in 
said  city  or  town  for  that  purpose  and  also  for  the  election 
by  ballot,  at  the  same  time,  of  a  board  of  six  school  directors 
for  said  city  or  town. 

.  SEC.  7090.  The  mayor  shall  cause  notice  of  said  election 
to  be  given  by  posting  notices  in  at  least  five  public  places 
in  said  city  or  town,  and  by  one  insertion  in  such  newspa- 
pers as  may  be  published  in  said  city  or  town.  The  electors 
at  said  election  desiring  to  vote  in  favor  of  the  adoption 
'of  this  act  shall  have  written  or  printed  on  their  ballots, 
"For  the  school  law,"  and  those  opposed  thereto  shall  have 
written  or  printed  on  their  ballots,  "Against  the  school  law  ;" 
and,  if  a  majority  of  the  ballots  cast  at  said  election  shall  be 
"For  school  law,"  then,  and  in  that  case  only,  shall  such 
city  or  town  be  deemed  and  held  to  be  a  single  school  dis- 
trict under  and  in  pursuance  of  this  act,  and  the  directors 
voted  for  and  elected  at  said  election  shall  qualify  and  enter 

S-6 


82  SCHOOL    LAWS. 

upon  the  discharge  of  their  duties  as  hereinafter  provided. 
/#.,  part  sec.  2. 

SEC.  7091.  On  the  third  Saturday  in  May,  1893,  and  an- 
nually thereafter,  an  election  shall  be  held  at  the  usual  vot- 
ing place  in  each  ward  of  all  incorporated  towns  and  cities 
heretofore  organized  into  single  or  special  school  districts, 
for  the  election  of  two  directors,  who  shall  serve  for  three 
years,  and  until  their  successors  are  elected  and  qualified. 
The  ballot  of  the  voter,  in  addition  to  the  names  of  the  per- 
sons voted  for  as  directors,  shall  have  written  or  printed  on 
it  the  words  "for  tax"  or  "against  tax,"  and  the  rate  the 
voter  desires  levied  ;  Provided,  In  incorporated  towns  and 
cities  of  the  second  class,  the  election  may  be  held  at  one  or 
more  of  the  voting  places  therein,  and  not  in  each  ward,  if 
the  board  of  directors  shall  so  direct  by  notice  posted  "in 
three  public  places  in  said  city  or  town  ten  days  before  the 
election  designating  the  place  or  places  at  which  said  elec- 
tion shall  be  held. 

SEC.  7092.  Said  election  shall  be  held  by  the  judges  ap- 
pointed to  hold  the  municipal  elections  in  said  city  or  town 
next  preceding  the  said  election,  for  the  ward  or  wards  in 
which  said  school  election  may  be  held.  The  judges  at  each 
voting  place  shall  appoint  two  clerks,  and  each  judge  and 
clerk  shall  take  the  oath  required  by  law,  and  shall  receive 
for  their  services  the  sum  of  one  dollar  each,  to  be  paid  out 
of  the  school  fund  of  the  district  on  the  order  of  the  board 
of  directors, 

The  four  preceding  sections  are  to  determine  whether  the  special  act  for  the 
regulation  of  public  schools  in  cities  and  towns  shall  be  adopted.  They  are 
preliminary  to  organisation.  They  require  the  following  modus  operandi : 

1.  A  written  petition  of  twenty  voters  asking  that    the  sense  of  the  legal 
vote's  be  taken  on  the  adoption  of  the  act. 

2.  The  mayor  must  fix  within  five  days  from  the  presentation  of  said  peti- 
tion a  day  for  said  election. 

3.  Said  election  shall  be  not  less  than  seven  nor  more  than  fifteen  days  from 
the  date  of  the  proclamation. 

4.  Said  election  shall  also  determine  by  ballot  a  board  of  six  directors. 


SCHOOL    LAWS  83 

5.  The  mayor  must  promulgate  the  election  notices  by  posting  and   by  print 
ing  should  there  be  a  paper. 

6.  The  electors  must  vote  by  ballot  and  as  prescribed. 

7.  A  majority  of  all  the  votes  cast  are  necessary  to  make  said  city  or   town 
a  single  school  district. 

8.  A  majority  of  all  the  votes  cast  is  also  necessary  to  elect  each  of  the  six 
directors.     It  results  that  the  special  act  may  be  legally  adopted  and  all  or  some 
part  of  the  directory  fail  of  an  election.     This  failure  will  not  affect  the  adoption 
of  the  special  act,  but  said  city  or  town  will  be    a  single    school  district  with  a 
vacancy  or  vacancies  in  the  director/. 

The  following  act  provides  how  all  vacancies  on  boards  in  special  school  dis- 
tricts are  filled : 

ACT    LVI. 

AN  ACT  to    give   notice  of  election   in   special   school  dis- 
districts  and  fill  vacancy  in  school  board. 

SECTION 

1.  Notice  of  annual  election  to  be  given  fifteen  days  prior  to  election.  How. 

2.  Provides  for  filling  vacancy  on  board. 

3.  Repeals  all  laws  in  conflict.     Act  takes  effect  from  passage. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Arkansas: 

SECTION  i.  When  any  special  school  district  has  been 
organized  as  provided  by  law,  the  board  of  directors  shall 
give  notice  of  each  annual  election  at  least  fifteen  days  pre- 
vious to  such  election,  by  posting  notices  in  at  least  five  pub- 
lic places  in  said  district. 

SEC.  2.  That  if  the  office  of  director  in  any  special 
school  district  shall  become  vacant,  the  remaining  directors 
of  said  district  shall  elect  a  director  to  fill  such  vacancy,  who 
shall  serve  until  the  next  annual  election  for  school  directors, 
at  which  time  all  vacancies,  shall  be  filled  by  the  electors 
for  the  unexpired  term. 

SEC.  3.  That  all  laws  and  parts  of  laws  in  conflict  with 
this  act  be  and  are  hereby  repealed,  and  that  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  March  26,  1895. 

SEC.  7093.  The  judges  shall  cause  the  polls  to  be  opened 
at  nine  o'clock  and  closed  at  sunset. 


84  SCHOOL    LAWS. 

SEC.  7094.  If  any  of  the  regular  judges  shall  fail  to  ap- 
pear by  ten  o'clock,  the  assembled  voters,  net  less  than  ten 
in  number,  shall  select  other  judges  in  their  places. 

SEC.  7095.  If  the  election  shall  be  held  in  all  the  wards 
of  the  city  or  town,  each  voter  shall  vote  in  the  ward  where 
he  resides ;  Provided,  Voters  residing  in  any  part  of  the 
district  not  embraced  in  any  ward  may  vote  at  any  place  he 
may  deem  most  convenient. 

SEC.  7096.  The  returns  of  said  election  shall  be  made  to 
the  county  clerk,  who  shall  forthwith  deliver  a  certificate  of 
election  to  each  of  the  persons  elected  directors. 

SEC.  7097.  He  shall  also  declare  the  result  of  the  votes 
for  and  against  tax,  and  certify  the  same  to  the  county  court 
on  the  first  day  of  the  term  fixed  by  law  for  levying  county 
taxes  ;  and  the  rate  of  taxes  so  certified  shall  be  levied  by 
the  court  as  other  school  taxes. 

SEC.  7098.  Each  person  elected  director  shall  take  the 
oath  of  office  within  five  days  after  receiving  a  certificate  of 
election,  which  shall  be  filed  with  the  county  clerk,  and 
thereafter  during  his  term  of  office  no  further  oath  nor  affi- 
davit shall  be  required  of  him  in  the  discharge  of  his  official 
duties. 

SEC.  7099.  The  provisions  of  chapter  Ivii  shall  have 
no  application  to  the  elections  herein  provided  for.  Act 
April  10,  1893,  sees,  i  7. 

SEC.  7100.  Said  board  of  directors  shall  organize  by 
choosing  from  their  own  number  a  president  and  secretary, 
who  shall  hold  their  offices  until  the  last  Saturday  in  May, 
and  annually,  on  that  day,  said  board  shall  meet  and  elect 
from  their  number  a  president  and  secretary.  Act  March 
21,  1885,  sec.  2. 

SEC.  7101.  Said  board  of  directors  shall  hold  a  regular 
meeting  on  the  last  Saturday  in  each  month,  and  may  hold 
stated  meetings  at  such  other  times  and  places  in  said  dis- 
trict as  they  may  appoint  ;  four  members  of  said  board  shall 


SCHOOL    LAWS.  85 

constitute  a  quorum,  but  a  less  number  may  adjourn  from 
time  to  time;  special  meetings  thereof  may  be  called  by  the 
president,  or  by  any  two  members  of  the  board,  on  giving 
one  day's  notice  of  the  time  and  place  of  the  same,  and,  in 
case  of  the  absence  of  the  president,  a  president  pro  tern- 
pore  shall  be  chosen.  The  office  of  any  member  of  said 
board,  as  such,  who  shall,  without  good  cause,  fail  to  attend 
three  consecutive  monthly  or  stated  meetings  of  said  board, 
may  be  declared  vacant  by  the  board.  The  board  may  make 
rules  and  regulations  for  their  own  government  and  for  the 
dispatch  and  regulation  of  the  school  business  and  affairs  of 
the  district,  not  inconsistent  with  law.  Act  February  ^,  1869, 
sec.  4.. 

SEC.  7102.  Said  board  of  directors  shall  have  power  to 
purchase  or  lease  school  house  sites,  to  build,  hire  or  pur- 
chase school  houses,  and  to  keep  in  repair  and  furnish  the 
same  with  the  necessary  seats,  desks,  furniture,  fixtures  and 
fuel,  and  to  insure  the  same;  to  fence  the  school  grounds, 
erect  out-houses,  provide  wells,  and  make  all  other  improve- 
ments on  the  school  house  grounds  and  school  houses  be- 
longing to  said  district  necessary  and  proper  for  the  comfort, 
convenience  and  health  of  the  scholars,  and  the  preservation 
of  said  property  ;  to  hire  teachers  for  all  public  schools  of 
the  district  (a a),  employ  a  superintendent  of  the  schools  (bb), 
who  may  also  be  principal  of  any  graded  or  high  school 
that  said  board  may  establish  ;  to  provide  books  and  appa- 
ratus for  the  schools,  and  the  necessary  blank  books  and 
stationery  for  the  board,  and  school  registers  and  the  blanks 
for  the  teachers  ;  to  establish  and  maintain  a  sufficient  num- 
ber of  primary,  graded  or  high  schools  to  accommodate  all 

(aa,]     See  School  District  v.  Maury,  53-47 r. 

(bb.)  The  power  to  employ  a  superintendent  is  not  limited  to  the  term  of 
office  of  the  board.  Gates  z\  School  District,  53-468. 

In  a  suit  for  salary  after  unlawful  discharge,  for  liability  of  board  and  measure 
of  damages,  see  Gates  v.  School  District,  57-370. 


86  SCHOOL    LAWS. 

the  scholars  in  said  district  (cc)\  to  determine  the  branches 
to  be  taught  and  the  text-books  to  be  used  in  the  several 
schools  of  the  district  (dd}\  to  admit  pupils  not  belonging 
to  the  district  on  such  terms  as  they  may  agree  upon  with 
the  parents  or  guardians  of  said  pupils,  or  the  district  from 
whence  they  carne  ;  to  appoint  a  board  of  three  visitors  and 
examiners  for  the  schools  of  the  district,  which  board  shall 
examine  persons  applying  to  teach  in  any  of  the  schools  in 
said  district ;  Provided,  No  teacher  shall  be  employed  who 
does  not  hold  a  certificate  from  the  state  superintendent  or 
county  examiner  ;  to  examine,  from  time  to  time,  the  books 
and  accounts  of  the  county  treasurer,  so  far  as  the  same  re- 
late to  the  several  school  funds  belonging  to  the  district ; 
and  when,  in  the  opinion  of  a  majority  of  the  members  of 
said  board,  the  best  interests  of  the  district  demand  a  sale 
or  exchange  of  any  real  estate  or  school-house  site  belong- 
ing to  the  district,  they  may  sell  or  exchange  the  same,  the 
deed  therefor  to  be  executed  by  the  president  of  the  board 
upon  a  majority  vote  of  the  whole  board  of  directors  au- 
thorizing and  directing  such  sale  or  exchange.  lb.,  sec.  5. 

This  section  does  not  authorize  the  directors  to  substitute  their  examination 
for  that  of  the  examiner.  The  examiner's  rights  are  superior  to  those  of  the  di- 
rectors. He  should  examine  under  his  oath,  and  license  or  refuse  to  license  as 
his  judgment  decides,  and  is  not  accountable  to  any  board  of  directors.  Nor 
should  he  hold  his  examination  in  connection  with  the  examination  of  the  board. 
His  work  should  be  entirely  separate  from  their  work.  They  have  the  right  to 
examine,  but  not  to  interfere  in  any  particular  with  the  examiner's  work.  Any 
regulation  of  a  board  of  directors  which  requires  the  examiner's  certificate  to  be 
granted  only  after  an  examination  of  city  teachers  in  the  presence  of  examiners 
appointed  by  the  board  is  absolutely  nugatory  so  far  as  the  county  examiner  is 
concerned.  His  examinations  should  be  separate  from  and  entirely  free  from 
supervision  of  city  examiners. 

EXACTION    OF   FEES. 

Under  the  constitution  of  Georgia,  providing  that  public  schools  shall  be  free 

(cc.)  But  no  tax  for  any  purpose  can  now  be  levied  by  the  county  court  with- 
out a  vote  of  the  electors  of  the  district.  Article  14,  section  3,  Const.;  Cole  v. 
Blackwell,  38-271. 

(dd.}     See  sees.  6975,  7046. 


SCHOOL    LAWS.  8/ 

to  all    children,  a  municipal   public    school  established  under  a  local  act  cannot 
exact  incidental  fees  from  resident  scholars. 
Irvin  v.  Gregory,  86  Ga.,  605. 

The  following  opinion  of  the  attorney  general  should  be  carefully  considered  : 

"  In  answer  to  your  inquiries,  I  have  the  honor  to  say  that,  in  my  opinion,  sec- 
tion 7043  applies  as  well  to  special  or  single  school  districts  as  to  ordinary  com- 
mon school  districts. 

"I  am  also  of  opinion  that  it  applies  to  the  superintendent  of  schools  in  such 
special  districts,  provided  he  is  to  act  as  a  teacher;  otherwise  not. 

"I  am  also  of  the  opinion  that  said  section  is  mandatory  upon  the  directors; 
but  I  do  not  believe,  or  mean  to  be  understood  as  saying,  that  a  verbal  contract 
made  with  a  qualified  teacher  would  be  void  because  not  in  writing." 

The  following  decision  of  the  supreme  court  interprets  the  law  very  clearly : 

REMOVAL  OF   A   TEACHER    FOR    INCOMPETENCY. 

Under  sections  7102  and  7103,  which  enjoin  the  board  of  school  directors  to 
hire  suitable  teachers  ;  to  enforce  all  necessary  rules  for  the  government  of  teach- 
ers and  pupils;  and  to  visit  the  schools  and  observe  the  discipline  and  progress 
of  the  pupils,  the  board  hns  the  power  to  remove  a  teacher  for  incompetency 
and  for  immorality;  and  the  fact  that  the  teacher  has  been-  duly  licensed  by  the 
county  examiner,  and  that  the  latter  has  failed  to  revoke  the  license  as  he  is  em- 
powered to  do  by  section  7013,  is  not  conclusive  on  the  board  as  to  the  compe- 
tency or  morality  of  the  teacher. 

See  Dist.  of  Fort  Smith  v.  Mansy,  53  Ark.,  471. 

The  fact  that  the  board  has  tolerated  the  teacher's  misconduct  and  inefficiency 
for  a  time  does  not  operate  as  a  waiver  of  its  right  to  discharge  him  therefor,  as 
the  teacher's  undertaking  to  perform  his  duty  in  a  moral  and  skilful  manner  is 
assumed  for  the  benefit  of  the  school,  its  pupils,  and  patrons,  and  not  for  the 
benefit  of  the  board. 

School  District  of  Port  Smith  v.  Mansy,  53  Ark.,  471. 

The  following  decision  is  so  sound  that  it  is  introduced  here  as  a  guide  to  di- 
rectors of  this  state  : 

"  Non-residents.  In  a  local  statute  authorizing  the  establishment  of  pub- 
lic schools  in  a  town,  a  provision  that  the  local  board  may  admit  pupils  not 
residents  of  the  town  on  such  terms  as  the  board  may  prescribe,  does  not  per- 
mit the  board  to  prescribe  terms  which  would  cast  upon  the  town  or  its  inhab- 
itants any  part  of  the  expense  of  educating  non-resident  pupils.  Such  pupils 
can  not  be  received  at  a  less  rate  per  scholar  than  the  inhabitants  of  the  town 
pay  by  taxation  for  their  children,  nor  can  they  be  received  at  all  to  the  exclu- 
sion of  resident  children  who  would  otherwise  attend." 
Irvin  v.  Gregory.  86  Ga.,  605. 

SEC.  7103.     It  shall  be  the  duty  of  said  board,  as  soon  as 
the  means  for  that  purpose  can  be  provided,  to  establish  in 


88  SCHOOL    LAWS. 

said  district  an  adequate  number  of  primary  schools,  so  lo- 
cated as  best  to  accommodate  the  inhabitants  thereof;  and 
it  shall  be  the  further  duty  of  said  board  to  establish  in  said 
district  a  suitable  number  of  other  schools  of  a  higher  grade 
or  grades,  wherein  instruction  shall  be  given  in  such  studies 
as  may  not  be  provided  for  in  the  primary  schools  ;  the 
number  of  schools,  the  grades  thereof,  and  the  branches  to 
be  taught  in  each  and  all  of  said  schools  to  be  determined 
by  said  board.  It  shall  be  the  duty  of  said  board  to  keep 
said  schools  in  operation  not  less  than  three  nor  more  than 
ten  months  in  each  year.  The  said  board  shall  have  power 
to  make  and  enforce  all  necessary  rnles  and  regulations  for 
the  government  of  teachers  and  pupils  in  said  schools.  Said 
board  shall  also,  separately  or  collectively,  together  with 
such  persons  as  they  may  appoint  or  invite,  visit  the  schools 
in  the  district  at  least  twice  in  each  year,  and  observe  the 
discipline,  mode  of  teaching,  progress  of  the  pupils,  and  see 
that  the  teachers  keep  a  correct  register  of  the  pupils,  em- 
bracing the  periods  of  time  during  which  they  attend  school, 
the  branches  taught,  and  such  other  matters  as  may  be  re- 
quired by  law  or  by  the  instructions  of  the  state  superin- 
tendent. Ib,,  sec.  6. 

SEC.  7104.  No  draft  or  warrant  shall  be  drawn  on  the 
county  treasurer,  except  in  pursuance  of  an  order  of  said 
board  ;  all  drafts  or  warrants  on  the  treasurer  shall  be  signed 
by  the  president,  or  president  pro  tempore,  and  the  secretary, 
and  shall  specify  the  fund  on  which  they  are  drawn  and  the 
use  for  which  the  money  is  assigned.  Ib.,  sec.  8. 

SEC.  7105.  The  secretary  shall  record  all  the  proceed- 
ings of  the  board  in  books  kept  for  that  purpose ;  shall  make 
and  preserve  copies  of  all  reports  required  by  law  to  be 
made  to  the  state  superintendent  of  public  instruction  or 
county  examiner  ;  shall  file  all  papers  transmitted  to  him 
pertaining  to  the  business  of  the  district;  shall  make,  or 
cause  to  be  made,  the  annual  enumeration  of  the  youth  of 


SCHOOL    LAWS.  89 

the  district  in  the  time  and  manner  required  by  law  of  school 
directors,  and  shall  perform  such  other  duties  as  the  board 
of  directors  may  order  and  direct ;  and  for  his  services  may 
be  allowed  reasonable  compensation,  to  be  audited  and  al- 
lowed by  a  majority  of  said  board.  The  other  members  of 
said  board  shall  receive  no  compensation  for  their  services. 
Ib.t  sec.  p. 

SEC.  7106.  The  title  of  all  real  estate  and  other  prop- 
erty belonging,  for  school  purposes,  to  any  city  or  town  or- 
ganized into  a  separate  school  district  under  this  act,  shall 
vest,  and  hereby  is  vested,  in  said  city  or  town,  as  a  school 
district,  and  shall  be  under  the  management  and  control  of 
the  board  of  school  directors  for  said  district  as  fully  and 
completely  as  other  school  property  belonging  to  said  dis- 
trict. Ib.,  sec.  10. 

SEC.  7107.  All  school  districts  formed  under  and  gov- 
erned by  this  act  shall  be  known  by  the  name  of  the  city 
or  town  constituting  the  district,  with  the  words  "  School 
District  of"  prefixed  thereto  (as,  for  example,  "  School 
District  of  Little  Rock  "  ) ;  and  by  such  name,  may  sue  and 
be  sued,  contract  and  be  contracted  with,  purchase,  acquire, 
hold  and  sell  property,  receive  gifts,  grants  and  bequests, 
and  generally  shall  possess  and  enjoy  all  the  corporate 
powers  usually  possessed  by  bodies  corporate  of  like  char- 
acter. The  style  of  the  board  of  directors  for  school  dis- 
tricts under  this  act  shall  be  "Board  of  School  Directors." 
Ib.,  sec.  ii. 

SEC.  7108.  The  board  of  school  directors  of  any  dis- 
trict organized  under  this  act  shall  pay  and  discharge  all 
debts  and  liabilities  lawfully  incurred  by  the  several  school 
districts  existing  under  previous  law  and  embraced  in  the 
district  organized  under  this  act.  Ib.,  sec.  12. 

SEC.  7109.  Any  person  elected  a  director  under  the  pro- 
visions of  this  act  who  shall  fail  to  take  the  oath  of  office 
and  qualify  as  herein  required,  or  who,  after  qualifying  as 


9O  SCHOOL    LAWS. 

such  director,  shall  fail  to  perform  and  discharge  the  official 
duties  incumbent  upon  him  as  a  director,  shall  be  liable  to 
the  same  penalties  that  now  are  or  may  be  hereafter  pro- 
vided by  law  against  directors  of  school  districts  for  failing 
or  refusing  to  qualify,  or  for  neglect  of  official  duty.  Ib., 
sec.  ij. 

SEC.  7110.  The  board  of  directors  may  fix  the  term  of 
office  and  define  the  duties  of  the  board  of  visitors  and  ex- 
aminers of  the  public  schools  in  their  district,  and  any  per- 
son appointed  by  the  board  of  directors  a  member  of  said 
board  of  visitors  and  examiners  who  shall  refuse  to  act  as 
such,  and  discharge  the  duties  pertaining  to  such  position, 
shall  forfeit  and  pay  to  said  district  the  sum  of  twenty-five 
dollars,  to  be  recovered  in  civil  action  in  the  name  of  said 
district,  and  added  to  the  teachers'  fund  belonging  to  said 
district.  Provided,  No  person  shall  be  compelled  to  serve 
in  that  capacity  more  than  three  consecutive  years.  Said 
board  of  visitors  and  examiners  shall  receive  no  compensa- 
tion for  their  services.  Ib.,  sec.  14. 

SEC.  7111.  All  school  districts  organized  under  this  act 
shall  have  and  receive  their  full  proportion  and  distribu- 
tive share  of  the  general  school  fund  of  the  state,  in  the 
same  manner  and  according  to  the  same  rule  as  it  is  or  may 
be  apportioned  to  other  districts.  Ib.,  sec.  75. 

SEC.  7112.  It  shall  be  the  duty  of  the  state  superinten- 
dent and  county  examiners  to  make  such  suggestions  and 
recommendations  to  the  board  of  directors  in  relation  to  or- 
ganizing and  conducting  the  public  schools  in  the  districts 
organized  under  this  act  as  they  shall  deem  important. 

SEC.  7113.  The  provisions  of  the  general  school  laws  of 
the  state  which  are  now  or  may  hereafter  be  in  force,  when 
not  inapplicable,  and  so  far  as  the  same  are  not  inconsistent 
with  and  repugnant  to  the  provisions  of  this  act,  shall  apply 
to  districts  organized  under  this  act  ;  and  such  provisions 
of  said  laws  as  are  inconsistent  with  and  repugnant  to  the 


SCHOOL    LAWS.  9 1 

provisions  of  this  act  and  inapplicable  to  districts  organized 
thereunder,  shall  have  no  operation,  force  or  effect  in  such 
districts.  The  county  court  shall  annex  contiguous  terri- 
tory to  single  school  districts  under  the  provisions  of  this 
act,  when  a  majority  of  the  legal  voters  of  said  territory 
and  the  board  of  directors  of  said  single  district  shall  ask, 
by  petition,  that  the  same  shall  be  done.  Ib.,  sees.  16  and  77. 

II— SCHOOL  LANDS  (ee). 

SEC.  7114-  Whenever  the  inhabitants  of  any  congres- 
sional township  in  this  state  shall  desire  the  sale  of  the  six- 
teenth section  of  such  township,  or  of  any  lands  substituted 
therefor,  or  any  which  have  been  or  may  be  mortgaged  to 
the  state  of  Arkansas  for  the  use  of  the  school  fund,  which 
after  foreclosure  and  sale  have  been  stricken  off  to  the  state 
of  Arkansas  ;  they  may,  by  written  petition,  signed  by  a  ma- 
jority of  the  male  inhabitants  of  such  township,  require  the 
collector  of  taxes  of  the  county  wherein  such  land  is  situ- 
ated to  sell  the  same.  Act  April  14.,  1893. 

SEC.  7115.  Upon  the  reception  of  such  petition,  the  col- 
lector shall  ascertain  that  it  is  signed  by  a  majority  of  the 
male  inhabitants  of  such  township  and  shall  immediately 
proceed  to  divide  the  land  into. forty-acre  tracts,  and  after 
making  such  division,  a  statement  or  plat  of  the  same  and  a 
number  of  each  tract  shall  be  made  so  that  the  boundaries 
may  be  defined  and  ascertained,  which  statement  or  plat  of 
the  sections  shall  be  used  as  a  guide  in  advertising  and  sell- 
ing said  lands.  Provided,  The  collector  may,  when  necessity 
requires  it,  call  the  county  surveyor  of  his  county  to  assist 
in  such  survey  and  division,  and  he  shall  be  allowed  and  paid 

(ee.)  Directors  can  confer  no  authority  to  cut  timber  on  school  lands,  and  one 
who  does  so  by  their  authority,  under  an  agreement  with  them  to  pay  the  value, 
commits  a  trespass  for  which  he  may  be  sued  by  the  state.  Widner  v.  State, 
49-172.  The  legal  title  to  school  lands  is  in  the  state,  and  a  school  district  can 
not  maintain  an  action  for  such  lands.  Ib.;  -School  District  v.  Driver,  50-346. 
See  State  v.  Morgan,  52-150. 


92  SCHOOL    LAWS. 

out  of  the  funds  arising  from  the  sale  of  such  school  lands 
by  said  collector  such  compensation  as  he  is  allowed  by 
law  for  similar  services,  and  the  receipts  of  such  surveyor 
to  said  collector  shall  be  a  sufficient  voucher  for  the  money 
so  paid. 

SEC.  7116.  In  subdividing  the  sixteenth  section  lands 
for  sale,  no  tract  shall  contain  more  than  forty  acres,  and 
the  division  may  be  made  into  town  or  city  lots  with  roads, 
streets  or  alleys  between  them. 

SEC.  7117.  The  collector  shall  cause  each  tract  or  sub- 
division of  such  school  land  to  be  appraised  at  a  fair  value 
by  three  disinterested  householders  of  the  county,  each  of 
whom  shall  take  an  oath  which  shall  be  indorsed  upon  the 
appraisement  that  he  does  not  desire  or  intend  to  buy  said 
land  or  any  part  thereof,  and  that  he  will  not  directly  or  in- 
directly be  or  become  interested  in  the  purchase  thereof  at 
the  sale  to  be  made  by  the  collector;  such  appraisement 
shall  be  returned  to  the  collector. 

SEC.  7118.  The  collector  shall  then  give  notice  that  he 
will  sell  the  said  school  lands  at  the  court-house  door  of  the 
county  on  the  first  day  of  the  next  term  of  the  county  court 
upon  the  terms  prescribed  by  law.  Such  notice  shall  be 
published  in  some  newspaper  published  in  the  county  where 
the  land  is  situated  at  least  four  weeks  before  the  day  of 
sale.  If  there  be  no  newspaper  published  in  said  county, 
then  the  collector  shall  post  up  written  notices  in  at  least  six 
of  the  most  public  places  of  the  county  four  weeks  before 
the  day  of  sale. 

The  collector  shall  also  in  either  case  put  up  a  copy  of  the 
notice  upon  the  school  house  situated  on  the  land,  if  there 
be  one  thereon  ;  if  not,  at  the  most  public  place  on  the 
land. 

SEC.  7119.  Upon  the  day  of  sale  the  collector  shall  offer 
the  lands  at  public  auction  in  separate  subdivisions,  begin- 
ning with  number  one  and'  ending  with  the  last  mentioned 


SCHOOL    LAWS.  93 

division.  Such  sale  shall  be  made  between  the  hours  of  12 
m.  and  3  p.  m.,  but  may  be  continued  from  day  to  day  at  the 
same  place  and  between  the  same  hours  until  all  have  been 
sold  or  offered.  The  sale  shall  be  made  for  cash.  If  any 
bidder  shall  fail  to  perfect  his  bid  by  paying  the  cash,  the 
collector  shall  immediately  resell  the  land  and  the  bidder 
shall  be  responsible  for  the  difference  between  his  bid  and 
the  price  at  which  the  land  sold,  which  may  be  recovered 
'from  hfm  by  the  collector,  in  action  for  the  use  of  the  town- 
ship, and  the  collector  shall,  if  necessary,  at  once  institute 
suit  against  such  bidder  to  recover  the  amount  of  difference 
between  his  bid  and  the  price  at  which  the  land  sold.  No 
tract  or  such  division  shall  be  sold  for  less  than  three-fourths 
of  its  appraised  value.  Provided,  No  tract  or  subdivision 
of  the  sixteenth  section  lands  shall  be  sold  at  a  less  price 
than  one  dollar  and  twenty-five  cents  per  acre.  If  any  tract 
offered  is  not  sold  it  may  be  offered  again  upon  like  notice, 
upon  the  first  day  of  the  next,  or  any  succeeding  term  of  the 
county  court,  and  so  on  until  sold  without  a  new  petition. 

SEC.  7120.  The  collector  shall,  without  delay,  report  all 
sales  to  the  county  court,  which  may  reject  or  confirm  the 
same.  If  any  sale  be  rejected,  the  county  court  may  direct 
the  collector  to  again  advertise  and  offer  the  land,  and  may 
specify  the  minimum  price  at  which  the  tract  or  tracts  may 
be  sold,  not  to  be  less  than  two-thirds  of  its  appraised  value. 
Provided,  No  tract  or  subdivision  of  the  sixteenth  section 
lands  shall  be  sold  at  a  less  price  than  one  dollar  and  twenty- 
five  cents  per  acre.  If  the  sale  be  confirmed  by  the  county 
court  the  collector  shall  execute  and  deliver  to  the  purchaser 
a  certificate  in  the  following  form  : 

I, collector  in  and  for  the  county  of 

,  state  of  Arkansas,  certify  that 

has  purchased of  section ,  in  township 

.range  ,  containing  acres 

at  $ dollars  per  acre,  and  has  paid  to  me  in  full 


94  .SCHOOL    LAWS. 

the.  sum  of  $ dollars.  The  expense  of  the  sale 

was : 

Cost  of  advertising,  $ 

Cost  of  order  of  confirmation,  $ 

Cost  of  rejection  of  prior  sale,  $ 

Surveyor's  fee  (if  any),  $ 

Collector's  commission, per  cent.,  $ 

Leaving  a  net  balance  of  $ in  my  hands  due 

the  sixteenth  (i 6)  section  fund  account  of  this  county. 

Now,  therefore,  upon  the  presentation  of  this  certificate  to 

the  commissioner  of  state  lands,  the  said „ 

his  heirs  or  assigns,  shall  be  entitled  to  a  deed  from  said 
commissioner  of  state  lands  for  the  tract  or  land  above 
described. 


Collector  of county. 

In  all  cases  proper  orders  of  confirmation  or  rejection 
shall  be  entered  on  record  by  the  county  court. 

SEC.  7121.  Out  of  the  money  received  by  the  collector 
for  the  sale  or  sales  of  the  sixteenth  section  lands,  he  shall 
pay  the  cost  of  advertising,  cost  of  confirmation  order,  cost 
of  rejection  of  sale  (if  any),  surveyor's  fees  (if  any),  and  he 
may  retain  for  his  services  two  percent,  of  the  gross  amount 
received  by  him  for  the  sale  of  such  land  ;  the  residue  of 
the  money  received  for  the  sale  of  said  land,  after  deducting 
the  expenses  as  are  above  provided  for,  he  shall  at  once 
transmit  to  the  treasurer  of  state,  who  shall  place  the  amount 
to  the  credit  of  the  county's  sixteenth  section  fund  to  which 
it  rightfully  belongs. 

SEC.  7122.  The  county  clerks  of  the  several  counties  in 
this  state  shall  examine  carefully  and  closely  the  tax  books 
of  their  respective  counties  and  ascertain  what  person  or 
persons  are  paying  taxes  on  any  part  or  parts  or  the  whole 
of  the  sixteenth  section  lands,  and  it  shall  be  the  further 
duty  of  the  county  clerks  after  ascertaining  from  the  tax  books 


SCHOOL    LAWS.  95 

the  names  of  any  person  or  persons  paying  taxes  on  any  of 
the  sixteenth  section  lands,  and  the  numbers  of  said  lands, 
to  examine  the  record  of  deeds  and  find  by  what  authority 
and  whether  any  title  or  titles  vest  in  said  person  or  persons 
in  whose  name  or  names  said  lands  are  assessed,  and  shall 
on  or  before  the  first  Monday  in  September,  eighteen  hun- 
dred and  eighty-five,  make  and  forward  to  the  commissioner 
of  state  lands  a  full  and  complete  statement  of  the  exact 
status  and  condition  of  all  of  the  sixteenth  section  lands  in 
their  respective  counties.  The  county  clerks  shall  be  al- 
lowed the  sum  of  forty  dollars  each  for  their  services  in 
making  this  report,  and  it  shall  be  paid  to  them  by  their 
respective  counties. 

SEC.  7123.  The  county  clerks  of  th'e  several  counties  in 
this  state  shall  keep  in  a  well-bound  book,  provided  for  that 
purpose,  correct  and  accurate  accounts  with  each  and  every 
township  in  their  several  counties,  which  may  be  entitled  to 
any  of  the  funds  under  this  act,  and  shall  immediately  after 
each  and  every  sale  of  any  part  of  said  sixteenth  sections 
certify  to  the  auditor  of  state  the  amount  of  moneys  received 
by  such  collectors  on  account  of  such  sales,  and  the  auditor 
shall  thereupon  charge  the  same  to  such  collector. 

SEC.  7124.  A  neglect,  failure  or  refusal  by  any  county 
clerk  to  perform  any  and  all  duties  e'njoined  upon  him  by  the 
provisions  of  this  act,  shall  be  deemed  a  misdemeanor,  and, 
upon  conviction  thereof,  such  clerk  shall  be  fined  in  any  sum 
not  less  than  one  hundred  dollars,  nor  more  than  five  hundred 
dollars,  for  each  offense,  and  may  be  removed  from  office. 

ACT  LX. 

AN  ACT  to  amend  section  7114  of  Sandels  &  Hill's  Digest 
of  the  Statutes  of  Arkansas  and  for  other  purposes. 

SECTION 

1.  Sixteenth  section  or  equivalent  lands  may  bs  sold  upon  petition  of  major- 

ity of  voters. 

2.  Sheriff  vested  with  powers  of  collector  for  purposes  of  this  act. 

3.  Repeals  laws  in  conflict.     Act  takes  effect  from  passage. 


96  SCHOOL    LAWS. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Arkansas: 

SECTION  I.  Whenever  the  inhabitants  of  any  congres- 
sional township  in  this  state  shall  desire  the  sale  of  the  six- 
teenth section  of  such  township,  or  of  any  lands  substituted 
therefor,  or  any  which  have  been  or  may  be  mortgaged  to 
the  state  of  Arkansas  for  the  use  of  the  school  fund,  which 
after  foreclosure  and  sale  have  been  stricken  off  to  the  state 
of  Arkansas,  they  may,  by  written  petition  signed  by  a  ma- 
jority of  the  adult  male  inhabitants  of  such  township,  require 
the  collector  of  taxes,  or  if  there  be  no  collector,  then  the 
sheriff  of  the  county  wherein  such  land  is  situated,  to  sell 
the  same. 

SEC.  2.  That  for  the  purpose  of  making  sales  of  any  of 
the  lands  mentioned  in  the  preceding  section,  the  sheriff  is 
hereby  vested  with  all  powers  now  conferred  by  law  upon 
collectors. 

SEC.  3.  That  all  laws  and  parts  of  laws  in  conflict  here- 
with are  hereby  repealed,  and  this  act  take  effect  and  be  in 
force  from  and  after  its  passage. 

Approved  March  26,  1895. 

HOUSE    MEMORIAL    NO.     I. 

Resolved  by  the  Senate  arid  House  of  Representatives  of  the 

State  of  Arkansas : 

That  our  senators  in  congress  be  instructed  and  our  rep- 
resentatives requested  to  use  all  their  influence  with  the  con- 
gress of  the  United  States  so  as  to  change  and  modify  the 
compact  entered  into  between  the  United  States  and  the 
state  of  Arkansas  with  regard  to  the  "  sections  of  land  num- 
bered sixteen  in  every  township,"  and  when  such  section 
has  been  sold  or  otherwise  disposed  of,  other  lands  equiva- 
lent thereto,  and  as  contiguous  as  may  be  "and  granted  to 
the  state  for  the  use  of  the  inhabitants  of  such  township  for 
the  use  of  the  schools,"  so  that  the  said  lands  or  any  funds 
now  on  hand  derived  from  the  sale  or  lease  of  same  may  be 
apportioned  by  the  state  to  common  school  purposes  for  the 


SCHOOL    LAWS.  97 

promotion  of  education  in  said  state.    And  that  the  governor 
transmit  to  our  senators  and  representatives,  respectively,  a 
a  copy  of  this  resolution. 
Approved  March  26,  1895. 

COLLECTION    OF    CLAIMS    DUE    COMMON    SCHOOL    FUND. 

SEC.  7125.  The  attorney  general  of  the  state  of  Arkan- 
sas is  authorized  and  instructed  to  employ  competent  attor- 
neys residing  in  the  counties  in  which  the  lands  are  situated 
to  collect  all  claims  and  notes  due  the  school  fund  arising 
from  the  sale  of  the  sixteenth  section  lands.  Before  taking 
charge  of  any  such  notes  or  claims,  each  of  said  attorneys 
shall  be  required  to  give  bond  for  the  faithful  keeping,  col- 
lecting and  accounting  for  same,  as  provided  for  in  this  act, 
in  double  the  sum  of  the  amount  supposed  to  come  into  his 
hands,  and  such  security  as  shall  be  approved  by  the  circuit 
judge  of  the  judicial  circuit  in  which  said  attorney  resides, 
and  such  bond  when  approved  shall  be  filed  with  the  com- 
missioner of  state  lands,  and  the  commissioner  of  state  lands 
shall,  when  such  bond  has  been  filed  with  him,  turn  over,  or 
cause  to  be  turned  over  to  the  said  attorney  all  notesand  claims 
due  the  school  fund  pertaining  to  the  sixteenth  section  lands. 
Said  attorneys  may  retain,  as  fees  for  collection,  ten  percent, 
of  the  gross  amount  collected  by  them  under  the  provisions 
of  this  act  (ff).  The  remainder  of  said  gross  amount,  after 
deducting  their  fees,  as  above  provided  for,  shall  be  by  said 
attorneys  transmitted  without  delay  to  the  treasurer  of  state, 
who  shall  place  the  same  to  the  credit  of  the  sixteenth  sec- 
tion fund  of  the  county  to  which  it  rightfully  belongs,  and 
said  attorneys  shall  prepare  and  forward  to  the  commissioner 
of  state  lands  a  statement  for  each  and  every  collection 
made  by  them,  setting  forth  the  name  of  the  maker  of  the 
note  or  claim,  the  date  of  same,  the  dates  of  all  previous 
payments  (if  any)  made  on  such  note  or  claim. 

See  Wallace  v.  State,  54-611. 

S— 7 


98  SCHOOL    LAWS. 

SEC.  7126.  All  moneys  paid  into  the  state  treasury  aris- 
ing from  the  sale  or  the  collection  of  notes  and  claims  per- 
taining to  the  sixteenth  section  lands,  shall  be  by  the  state 
treasurer  placed  to  the  credit  of  the  county's  sixteenth  sec- 
tion fund,  to  which  said  moneys  may  rightfully  belong,  and 
the  treasurer  of  state  shall,  for  each  payment  to  him  on  ac- 
count of  the  sixteenth  section  fund,  issue  triplicate  receipts, 
one  of  which  receipts  shall  be  filed  with  the  auditor  of  state, 
one  filed  with  the  commissioner  of  state  lands  and  one  given 
to  the  party  making  payment. 

SEC.  7127.  The  treasurer  of  state  shall,  by  and  under 
direction  of  the  board  of  commissioners  of  the  common 
school  fund,  as  soon  as  practicable  after  the  receipt  of  any 
moneys  paid  into  the  state  treasury  on  account  of  the  six- 
teenth section  fund,  invest  the  same  in  either  United  States 
bonds  or  bonds  of  the  State  of  Arkansas,  and  as  interest 
accrues  on  said  investment  he  shall  collect  the  same  and 
place  to  the  credit  of  the  respective  counties'  sixteenth  sec- 
tion fund  accounts  such  interest  on  said  investment,  in  the 
proportion  to  which  each  county  is  properly  entitled. 

SEC.  7128.  The  interest,  accruing  to  the  several  counties 
and  townships,  that  may  hereafter  be  in  the  state  treasury, 
shall  be  drawn  out  of  the  treasury  in  the  same  manner  as 
now  provided  by  law  for  drawing  other  funds  due  counties, 
and  when  drawn  shall  be  accounted  for  by  the  county  treas- 
urer in  the  same  manner  as  for  other  county  funds  thus 
drawn,  and  the  county  court  shall  distribute  and  set  apart 
to  the  proper  townships  all  such  sums  and  funds  as  shall  be 
due  such  township,  either  from  the  sales  of  sixteenth  sec- 
tions in  such  townships  or  from  collections  of  notes  belong- 
ing thereto. 

SEC.  7129.  All  notes,  claims,  bonds,  papers  or  evidences 
of  debt  belonging  to  the  school  fund,  arising  from  the  sale 
or  sales  of  the  sixteenth  section  lands,  in  the  hands  of  county 
collectors  or  other  persons,  shall  be,  within  ninety  days  after 


SCHOOL    LAWS.  99 

the  passage  of  this  act,  turned  over  to  the  commissioner  of 
state  lands. 

SEC.  7130.  All  county  treasurers,  collectors,  or  other 
persons,  having  in  their  possession  any  funds  arising  from 
the  sale  or  sales  of  the  sixteenth  section  lands,  shall,  within 
ninety  days  after  the  passage  of  this  act,  pay  the  same  into 
the  state  treasury,  and  the  state  treasurer  shall  place  the 
same  to  the  credit  of  the  respective  counties'  sixteenth  sec- 
tion fund  accounts  to  which  said  funds  do  rightfully  belong. 

SEC.  7131.  That  upon  the  presentation  to  the  commis- 
sioner of  state  lands  of  any  certificate  of  purchase  as  speci- 
fied in  section  7120  the  commissioner  shall  execute  to  the 
purchaser  a  deed  for  the  lands  therein  described,  and  shall 
keep  a  full  and  complete  record  of  all  such  sales  and  of  the 
deeds  so  issued,  and  it  shall  be  the  further  duty  of'the  com- 
missioner of  state  lands  to  keep  as  correct  records  of  sale  or 
sales  of  the  sixteenth  section  lands  as  the  reports  made  to 
him  from  time  to  time  may  enable  him  to  do.  Act  March 
31,  1885,  sees.  2-18. 

PATENTS    (££). 

SEC.  7132.  When  the  purchaser  of  any  portion  of  the 
common  school  lands  has  heretofore  assigned,  or  may  here- 
after assign,  the  certificate  of  purchase  of  such  land,  the 
title  thereof  may  be  made  directly  to  the  last  assignee  of 
such  certificate  of  purchase,  upon  full  payment  of  all  the 
purchase  money  and  interest  due  on  said  land.  Act  April 
12,  1869,  sec.  10. 

SEC.  7133.  If  any  person  who  shall  have  purchased  any 
portion  of  the  sections  of  school  lands  from  the  collector  of 
any  of  the  counties  of  this  state,  and  paid  one-fourth  the 
purchase  money  therefor,  and  received  a  bond  for  title  from 
such  collector,  shall  die  before  such  payment  is  fully  made, 
and  the  executor,  administrator,  guardian  or  legal  represent- 

(gf-)     See  State  v.  Morgan,  52-150. 


IOO  SCHOOL    LAWS. 

ative  of  such  deceased  person  shall  pay  or  cause  to  be  paid 
the  balance,  if  any,  that  shall  be  due  to  the  collector  on 
said  purchase,  upon  the  certificate  of  the  collector  of  the 
proper  county  that  the  whole  of  the  purchase  money,  with 
all  the  interest  due  thereon,  has  been  fully  paid,  the  com- 
missioner of  state  lands  shall  forthwith  execute  a  deed,  as  is 
now  required  by  law,  to  the  heirs  at  law  of  such  deceased 
person  (hh).  Ib.,  sec.  n,  as  amended  act  February  16,  1885+ 

SEC.  7134.  The  land  thus  conveyed  to  the  heirs  shall 
stand  charged  with  the  amount  of  money  necessarily  ad- 
vanced to  the  school  fund,  in  order  to  procure  title,  and 
shall,  in  other  respects,  be  chargeable  with  the  rights  and 
incumbrances  that  would  have  attached  had  it  descended 
regularly  to  the  same  heirs.  Ib. 

SEC.  7135.  All  patents  issued  for  sixteenth  section,  or 
any  part  thereof,  or  common  school  land  during  the  war 
between  the  states  and  all  the  official  acts  of  the  officers  of 
this  state,  in  regard  to  such  lands,  during  the  said  war,  and 
also  all  deeds  made  by  the  common  school  commissioners 
of  the  several  counties  in  compliance  with  an  act  of  the 
legislature  of  the  state,  entitled,  "An  act  to  relieve  certain 
citizens  of  Arkansas  who  purchased  school  lands,"  passed 
March  4,  1867,  are  hereby  confirmed,  ratified  and  made 
valid,  and  full  faith  and  credit  shall  be  given  to  said  patents, 
deeds  and  official  acts  in  all  the  courts  of  this  state.  Pro- 
vided, Nothing  herein  shall  be  construed  to  prevent  the 
setting  aside  of  any  of  said  deeds  or  patents  for  actual  fraud 
or  mistake. 

SEC.  7136.  Any  right,  title  or  interest  which  the  state  of 
Arkansas  may  have  acquired,  or  holds  by  virtue  of  any  judg- 
ment, decree,  execution  or  sale  of  any  court  in  this  state,  in 
lands  for  which  patents  or  deeds  have  been  made  and  issued 

(hh.)     See  section  7138. 
sec.  2. 


SCHOOL    LAWS.  IOI 

as  mentioned  in  section  7135,  is  hereby  vested  in  the  proper 
owners  thereof  under  such  deeds  or  patents. 

SEC.  7137.  The  attorney  representing  the  state  of  Arkan- 
sas is  hereby  instructed  and  required  to  dismiss  all  suits  now 
pending  for  school  lands  where  patents  or  deeds  have  been 
made  therefor,  as  specified  in  section  7135,  or  if  it  does  not 
appear  on  the  face  of  the  pleadings  filed  that  such  patents 
or  deeds  have  been  made,  then  the  patent  or  deed  may  be 
pleaded  in  bar  of  the  suit,  or  the  court  may  dismiss  the  suit 
on  exhibition  and  profert  of  such  deed  or  patent ;  and  where 
judgment  or  decree  have  been  entered,  and  sale  has  not  been 
made,  the  state's  attorney  shall  enter  satisfaction  in  full 
thereof  on  the  presentation  to  him  of  such  deed  or  patent. 

SEC.  7138.  If  any  purchaser  of  school  lands  shall  have 
paid  the  purchase  money  thereof,  and  received  no  deed  or 
patent  therefor,  or  if  any  person  now  owing  for  school  lands 
bought  shall  hereafter  pay  out  his  indebtedness  therefor, 
and  shall  produce  to  the  commissioner  of  state  lands  satis- 
factory evidence  of  such  payment,  the  commissioner  of  state 
lands  is  authorized  and  required  to  execute  to  such  person, 
or  to  his  legal  representative,  a  deed  conveying  all  the 
right,  title  and  interest  of  the  state  of  Arkansas  in  such 
lands  ;  but  if  payment  has  not  been  made  before  suit  is  be- 
gun, the  purchaser  shall  also  pay  the  costs  of  the  suit.  Act 
December  14,  i8j$<  as  amended  by  act  March  31,  1885,  sec- 
18,  and  act  of  February  16,  1885,  sec.  2. 

LEASE    OF    SCHOOL    LANDS. 

SEC.  7139.  All  school  lands  in  any  county  in  this  state 
susceptible  of  cultivation  shall  be  leased  by  the  county  col- 
lector of  said  county  from  the  first  to  the  tenth  of  January  in 
each  year.  Act  April  12,  1869,  sec.  12. 

SEC.  7140.  The  manner  and  terms  of  leasing  said  lands 
shall  be  by  public  outcry  to  the  highest  bidder,  the  lessee 
paying  one-half  the  amount  of  rent  in  cash  at  the  time  of 
leasing  and  the  balance  at  the  end  of  the  year.  Ib. 


102  SCHOOL    LAWS. 

SEC.  7141.  At  least  twenty  days'  public  notice  of  the 
time  and  place  of  offering  such  lands  for  rent  or  lease  shall 
be  given  by  said  collector  by  publishing  the  same  in  the 
newspapers  of  the  county  and  by  posting  up  hand-bills  at 
the  most  prominent  points  throughout  the  county.  Ib. 

SEC.  7142.  If  any  school  lands  offered  for  rent  or  lease 
at  the  time  and  in  the  manner  above  indicated  shall  not 
bring  such  price  as  the  collector  shall  think  a  reasonable 
rent  therefor,  he  shall  be  authorized  to  rent  the  same  by  pri- 
vate contract  for  the  ensuing  year,  or  for  a  longer  term  if  he 
shall  deem  it  expedient.  Ib. 

SEC.  7143.  The  occupants  of  school  lands  prior  to  the 
passage  of  this  act  shall  be  required  to  pay  a  reasonable  an- 
nual rental  during  the  time  said  lands  had  been  so  occu- 
pied. Ib. 

SEC.  7144.  The  lessees  of  school  lands  shall  be  subject 
to  the  same  provisions  governing  the  lessees  of  other  prop- 
erty. Provided,  It  shall  not  be  rented  for  a  less  amount 
than  was  offered  at  public  sale.  Ib. 

ACT  xxxvn. 

AN  ACT  to  amend  section  3325  of  Sandels  &  Hill's  Digest  of 

the  Statutes  of  Arkansas. 
SECTION 

1.  Amends  section  3325.     County    treasurers    not   to    deduct    commissions 

from  same  fund  more  than  once. 

2.  Repeals  all  laws  in  conflict. 

3.  Act  takes  effect  and  in  force  from  passage. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Arkansas: 
SECTION  i.  That  section  3325  of  Sandels  &  Hill's  Digest 
of  the  statutes  of  this  state  be  and  the  same  is  hereby 
amended  so  as  to  read  as  follows  :  He  shall  be  allowed,  as 
commissions  on  the  aggregate  amount  of  all  the  school  funds 
of  the  county  coming  into  his  hands  in  anyone  year,  the  rate 
of  two  per  cent,  and  no  more  ;  Provided,  That  if  any  county 
treasurer  shall  have  taken  commissions  from  any  particular 


SCHOOL    LAWS.  IC>3 

school  fund,  the  same  fund  shall  not  be  subject  to  commis- 
sions in  the  hands  of  his  successor  in  office. 

SEC.  2.  That  all  laws  and  parts  of  laws  in  conflict  here- 
with be  and  the  same  are  hereby  repealed. 

SEC,  3.  That  this  act  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  12,  1895. 


OPINIONS 


OPINIONS. 


APPLICATION  OF  FUNDS. 

BY  JONES. 

I  am,  therefore,  of  opinion  : 

1.  That  the   funds  derived  from  the  state  and  from  the 
per  capita  tax,  and  from  the  tax  voted  by  the  district  at  the 
annual  school  meeting,  after  they  reach  the  county  treasury 
and  are  apportioned  by  the  county  court  to  the  school  dis- 
trict, become  the  absolute  property  of  such  district  for  the 
purpose    of  maintaining  public    schools  therein,  subject  to 
disbursement  on  the  warrant  of  the  board  of  directors  of  a 
separate  school  district. 

2.  That,  in  other  than  separate  school  districts,  the  school 
directors   may  apply  such    funds   to  no  other  purpose  than 
those  directed  by  a  majority  of  the   electors  of  the   district 
at  their  annual  school  meeting. 

3.  That,  in  other  than  separate  school  districts,  the  elec- 
tors may,  at  their  annual   meeting,  fix  a  site   for  the  school 
house,  or  raise  money  for  building  or   purchasing  a  school 
house  ;  Provided,  The  directors  have  given  notice  that,  these 
matters  were  to  be  submitted  for  consideration  and  action, 
as  required  by  section  69  of  the  school  law  of  December  7, 
1875. 

4.  That  it  is  within  the  power  of  the  board  of  directors 
of  separate  school  districts  to   apply  any  part  of  the   fund 
belonging  to  such  district,  which  has  not  been  otherwise  ap- 
propriated,  to   the  purpose  of  building  and   purchasing   a 
school  house,  irrespective  of  the   source   from   which  such 
fund  came  ;  but  that  such  power  cannot  be  exercised  by  the 


IO8  SCHOOL    LAWS. 

directors  of  other  school  districts,  unless  they  have  been 
authorized  to  do  so  by  the  electors  of  the  district  at  an  an- 
nual school  meeting.  See  School  'Act  of  December  7,  /#75/ 
Lee  v.  Trustees  of  School  District  36  ;  New  Jersey  Equity 
Reports,  581 ;  Sandels  &  Hill's  Digest,  chapter  I^Q. 

NOTE. — Most  of  the  following  opinions  were  made  before  the  publication  of 
Sandels  &  Hill's  Digest,  and  the  sections  are  changed  to  correspond  with  those 
in  that  digest. 

RIGHTS  OF  PUPILS  AS  TO  ADMISSION  INTO 
PUBLIC  SCHOOLS. 

BY  JONES. 

I  have  the  honor  to  acknowledge  receipt  of  your  commu- 
nication of  the  /th  inst.,  in  which  you  ask  my  opinion  as  to 
the  legality  and  binding  force  of  the  following  resolution, 
adopted  by  the  board  of  directors  of  the  school  district  of 
Prescott,  to-wit : 

Resolved,  That  such  children  only  are  entitled  to  admis- 
sion as  pupils  in  the  Prescott  free  school  as  were  residing  in 
the  school  district  of  Prescott  on  the  first  day  of  the  pre- 
ceding September,  and  if  names  of  such  pupils  do  not  ap- 
pear in  the  enumeration,  application  for  admission  must  first 
be  made  to  the  school  board ;  Provided,  That  children  of 
bona  fide  residents  who  may  attain  to  the  school  age  during 
the  year  may  be  admitted  to  the  school. 

The  latter  clause  of  section  7101,  Sandels  &  Hill's  Digest, 
reads  as  follows:  "The  board,"  referring  to  the  board  of 
directors  of  single  school  districts,  "  may  make  rules  and 
regulations  for  their  own  government,  and  for  the  dispatch 
and  regulation  of  the  school  business  and  affairs  of  the  dis- 
trict not  inconsistent  with  law." 

The  supreme  court  of  Iowa,  in  the  case  of  Burdick  v. 
Babcock,  ji  Iowa,  362,  365,  in  speaking  of  certain  rules 
adopted  by  the  board  of  directors  of  a  school  district  by 
which  certain  pupils  were  suspended  from  the  school  for 


SCHOOL    LAWS. 

absence  and  tardiness,  says  :  "  Any  rule  of  the  school,  not 
subversive  of  the  rights  of  the  children  or  parents,  or  in  con- 
flict with  humanity  and  the  precepts  of  divine  law,  which 
intends  to  advance  the  object  of  the  law  in  establishing  pub- 
lic schools,  must  be  considered  reasonable  and  proper." 

So,  in  this  case,  the  single  question  seems  to  me  to  be  : 
Is  the  regulation  of  the  Prescott  board  subversive  of  the 
rights  of  the  children  and  parents,  or  in  conflict  with  hu- 
manity and  the  precepts  of  divine  law,  and  does  it  tend  not 
to  advance  the  object  of  the  law  in  establishing  public 
schools?  If  not,  then  it  is  unreasonable  and  improper,  and 
can  not  be  enforced.  And  this  is  the  question  to  be  deter- 
mined and  should  be  determined,  as  1  conceive,  by  ascer- 
taining as  nearly  as  possible  the  spirit  and  intention  of  the 
legislature  in  dividing  the  counties  into  school  districts,  and 
investing  each  of  such  districts  with  certain  powers  to  be 
exercised  independently  of  others,  and  the  scope  and  extent 
of  such  powers. 

We  find  article  14  of  the  constitution  of  this  state,  sec- 
tion 3,  that  it  is  made  the  duty  of  the  general  assembly  to 
provide  by  general  laws  for  the  support  of  common  schools 
by  taxes,  not  to  exceed  in  any  one  year  two  mills  on  the 
dollar  on  the  taxable  property  of  the  state  ;  and  by  an  an- 
nual per  capita  tax  of  one  dollar,  to  be  assessed  on  every 
male  inhabitant  of  this  state  over  the  age  of  twenty-one 
years.  This  much  is  imperative  on  the  general  assembly  ; 
but  the  same  section  provides  that  "  the  general  assembly 
may,  by  general  law,  authorize  school  districts  to  levy,  by  a 
vote  of  the  qualified  electors  of  such  district,  a  tax  not  to 
exceed  five  mills  on  the  dollar  in  any  one  year  for  school 
purposes;  Provided,  further,  That  no  such  tax  shall  be  ap- 
propriated to  any  other  purpose,  nor  to  any  other  district 
than  that  for  which  it  was  levied." 

Thus,  we  see,  school  districts  are  recognized  by  the  con- 
stitution, and  they  are  put  beyond  the  power  of  the  legisla- 


IIO  SCHOOL    LAWS. 

ture,  so  far  as  the  levying  taxes  for  school  purposes  within 
their  respective  limits  is  concerned,  and  such  tax  can  only 
be  levied  by  the  vote  of  the  electors  of  the  district  {Cole  v. 
Blackwell  38  Ark.,  271);  and  can  be  appropriated  to  no 
other  purpose,  nor  to  any  other  district  than  that  for  which  it 
was  levied.  The  legislature  is  only  authorized  to  confer  upon 
the  districts  the  power  to  levy  such  tax,  but  can  not  com- 
pel the  levy.  This  power  has  been  conferred,  and  each  dis- 
trict is  made  a  body  corporate,  capable  of  suing  and  being 
sued,  contracting  and  being  contracted  with,  acquiring  and 
holding  property,  etc.,  etc.,  etc. 

Section  7113,2^.,  makes  the  provisions  of  the  general 
school  laws  of  the  state,  so  far  as  applicable  and  not  incon- 
sistent or  repugnant  with  the  provisions  of  the  special  act  for 
the  regulation  of  public  schools  in  cities  and  towns,  apply 
to  districts  organized  under  said  special  act.  Under  the 
general  school  laws  we  find  that  the  directors  of  each  dis- 
trict shall  annually,  between  the  first  and  tenth  days  of  Sep- 
tember, transmit  to  the  county  examiner  a  written  report  of 
names  and  ages  of  all  persons  between  the  ages  of  six  and 
twenty-one  years  residing  in  their  district  on  the  first  day  of 
September  (sec.  7077,  ib.) ;  that  the  county  examiner  shall 
make  a  similar  report  to  the  superintendent  of  public  in- 
struction on  or  before  the  twentieth  day  of  September  (sees. 
7020  and  7023,  ib.)\  and  to  the  county  clerk  of  his  county 
between  the  tenth  and  twentieth  of  September  (ib.,  sec. 
&995\  which  shall  be  laid  by  the  county  clerk  before  the 
county  court  (ib.t  sec.  6996}  ;  and  that  the  county  court  shall 
distribute  the  distributive  share  of  the  county  apportioned 
by  the  superintendent  to  the  several  districts  in  proportion 
to  the  number  of  persons  within  school  age,  respectively  (ib., 
sec.  6993). 

We  further  find  that  the  directors  "  shall  submit  to  the 
district,  at  the  annual  meeting,  an  estimate  of  the  expenses 
of  the  district  for  that  year,  including  the  expenses  of  the 


a  r»  i-\   . 
OV  TKS 


SCHOOL    LAWS  III 

school  for  the  term  of  three  months  for  the  next  year,  after 
deducting  the  probable  amount  of  school  moneys  to  be  ap- 
portioned to  the  district  for  that  school  year,  and  shall  also 
submit  an  estimate  of  the  expenses  per  month  of  continuing 
the  school  beyond  the  term  of  three  months,  and  of  what- 
ever else  may  be  necessary  for  the  comfort  and  advance- 
ment of  said  school  "  (ib.t  sec.  7049}.  And  it  is  upon  this 
report  that  the  qualified  electors,  at  their  annual  school 
meeting,  act,  when  they  determine  the  amount  of  taxes  to 
be  raised  out  of  the  district  for  the  support  of  its  schools 

The  qualified  electors  of  each  district  select  the  directors, 
who  are  entrusted  with  the  management  of  the  school  af- 
fairs, and  who  in  that  capacity  act  as  the  representatives  of 
the  electors. 

From  all  these  provisions  of  the  constitution  and  laws  of 
the  state,  it  seems  apparent  to  me  to  be  the  policy  of  our  state, 
that  each  school  district  should  have  the  care  and  manage- 
ment of  its  entire  school  interests,  independent  of  any  con- 
trol except  the  limitations  prescribed  by  the  law.  How,  it 
may  well  be  asked,  can  a  district  provide  the  necessary 
means  to  carry  on  its  schools,  when  persons  outside  of  the 
district,  who  have  contributed  nothing  towards  the  support 
or  maintenance  of  the  schools,  shall  have  the  absolute  right 
to  bring  their  children  within  the  district,  after  the  time  for 
enumeration  has  passed,  and  compel  their  admission  to  the 
school  as  a  matter  of  right  ?  If  it  may  be  done  by  one  per- 
son, it  may  be  done  by  a  thousand,  or  more  ;  the  principle 
is  the  same.  And  thus  we  may  find  a  school  district  which 
has  only  provided  the  means  necessary  to  support  its  own 
children — and  this  is  all  it  can  be  required  to  do — forced 
to  take  into  its  schools  other  children  for  whom  no  provis- 
ion has,  or  can  be,  made  during  the  scholastic  year,  and 
without  the  power  to  provide  adequate  means  for  such  a 
contingency.  It  could  only  result  in  disaster  to  the  entire 


112  SCHOOL    LAWS. 

school  interests  of  the  district,  which  could  certainly  never 
have  been  within  the  contemplation  of  the  law-makers. 

The  county  court  is  empowered  by  the  law  to  transfer 
children  from  one  district  to  another  (ib.,  sec.  7062}.  But 
in  every  such  case  tax  of  such  children,  levied  by  the  dis- 
trict from  which  they  were  transferred,  goes  with  them,  and 
is  used  for  their  education  (ib.t  sees.  7063  and  jo6f).  Why 
does  the  law  make  such  provisions,  if  it  be  true  that  the 
right  exists  without  such  exercise  of  authority  by  the  county 
court?  The  very  fact  of  the  law  making  such  provisions  is 
evidence  of  the  fact  that  the  right  does  not  otherwise  exist. 

The  regulation  of  the  Prescott  school  board  does  not  ab- 
solutely exclude  from  the  district  school  the  children  whose 
names  fail  to  appear  on  the  enumeration  list,  but  it  merely 
requires  such  children  to  make  application  to  the  board  for 
admission  before  they  shall  be  entitled  to  enter  the  school. 
By  this  means  the  board  can  judge  whether  such  children 
should  or  should  not  be  admitted.  If  it  should  act  arbi- 
trarily or  unjustly,  and  refuse  admission  to  one  lawfully  en- 
titled, the  law  has  provided  an  ample  remedy  for  such  cases. 
By  the  regulation  the  board  can  protect  the  district  against 
imposition  and  fraud,  and  the  better  advance  the  objects  for 
which  free  schools  were  organized. 

I  am,  therefore,  of  the  opinion  that  the  regulation  of  the 
Prescott  school  board,  above  set  forth,  is  reasonable  and 
proper,  and  may  be  enforced 

BY   JONES. 

Directors  may  not  exclude  children  from  any  school  to 
which  they  are  lawfully  entitled  to  admission. 

In  answer  to  your  communication  of  this  date,  in  which 
you  ask  my  opinion  upon  the  question,  "whether  the  children 
of  school  age  of  parents  who  have  become  bona  fide  residents 
of  a  school  district  since  the  last  enumeration  are  entitled 
to  admission  into  the  public  schools  of  the  district  free  of 


SCHOOL    LAWS.  113 

charge,"  I  have  the  honor  to  say  that  I  am  of  opinion  that 
they  are  so  entitled. 

This  opinion  is  not  at  all  at  variance  with  my  opinion  to 
you,  of  date  March  10,  1885,  contained  in  my  biennial  re- 
port to  the  governor  in  December,  1886,  at  page  72  ab  seq. 
By  reference  to  that  opinion,  it  will  be  seen  the  question 
presented  to  me  was  whether  a  certain  regulation  adopted 
by  the  board  of  directors  of  the  school  district  of  Prescott 
was  legal  and  binding.  The  regulation  was  as  follows  : 

"Resolved,  That  such  children  are  only  entitled  to  admis- 
sion as  pupils  in  the  Prescott  free  school  as  were  residing  in 
the  school  district  of  Prescott  on  the  first  day  of  the  pre- 
ceding September,  and  if  names  of  such  pupils  do  not  ap- 
pear in  the  enumeration,  application  for  admission  must  first 
be  made  to  school  board.  Provided,  The  children  of  bona 
fide  residents  who  may  attain  to  the  school  age  during  the 
year  may  be  admitted  to  the  school." 

In  the  conclusion  of  that  opinion,  I  said  :  "  The  regulation 
of  the  Prescott  school  board  does  not  absolutely  exclude 
from  the  district  school  the  children  whose  names  fail  to  ap- 
pear on  the  enumeration  list,  but  it  merely  requires  such 
children  to  make  application  to  the  board  for  admission  be- 
fore they  shall  be  entitled  to  enter  the  school.  By  this 
means  the  board  can  judge  whether  they  should  or  should 
not  be  admitted.  If  it  should  act  arbitrarily  or  unjustly, 
and  should  refuse  admission  to  one  lawfully  entitled,  the  law 
has  provided  an  ample  remedy  for  such  cases.  By  the  reg- 
ulation, the  board  can  protect  the  district  from  imposition 
and  fraud,  and  to  better  advance  the  objects  for  which  free 
schools  were  organized." 

The  question  now  presented  by  you  does  not  relate  to  the 
power  of  such  boards  to  make  regulations  and  rules  for  their 
own  government,  and  for  the  dispatch  and  regulation  of  the 
school  business  and  affairs  of  the  district,  not  inconsistent 
with  law.  Such  power  is  vested  in  them  by  the  statute  (Di- 


114  SCHOOL    LAWS. 

gest,  sec.  7101} ;  but  it  is  whether  they  can  exclude  from  the 
public  schools  any  child  who  is  lawfully  entitled  to  admis- 
sion. This  they  cannot  do. 

Directors  should  remember  that  the  right  to  attend  school  grows  out  of  bona 
fide  residence  and  not  from  an  enumeration  in  a  district  or  the  payment  of 
taxes.  When  a  man  moves  into  a  district  with  the  intention  of  making  it  his 
permanent  residence,  he  acquires  the  right  to  send  to  the  public  schools  at  once. 
The  directors  are  to  decide  from  all  the  circumstances  whether  the  residence  is 
permanent  or  temporary.  If  temporary  no  free  school  privileges  obtain. — 
[SUPERINTENDENT. 

BY  JONES. 

Power  of  county  court  to  fill  vacancies  in  office  of  county 
examiner  : 

You  refer  me  to  section  7000,  Sandels  &  Hill's  Digest, 
requiring  the  county  court  of  each  county,  at  the  first  term 
thereof  after  each  general  election,  to  appoint  a  county  ex- 
aminer, and  ask  my  opinion  as  to  the  power  of  the  county 
court  to  make  such  appointment  at  any  other  time  when  a 
vacancy  occurs  in  the  office  of  county  examiner.  In  reply 
I  will  say,  that  the  matter  of  making  such  appointments 
being  invested  in  the  county  court,  it  certainly  has  the 
power  to  fill  any  vacancy  which  may  occur,  but  the  tenure 
of  office  of  such  appointee  will  expire  at  the  first  term  of 
the  county  court  which  shall  be  held  after  the  next  general 
election,  when  another  appointment  must  be  made. 

BY  JONES. 

School  directors  may  not  teach  in  their  own  districts  : 

I  have  the  honor  to  acknowledge  receipt  of  your  com- 
munication of  the  3d  instant,  in  which  you  ask  my  opinion 
upon  the  following  questions  : 

"  First — Can  a  school  director  be  legally  employed  to 
teach  in  the  public  schools  of  his  own  district? 

"Second — If  not,  what  remedy  have  the  people,  if  the 
directors  presist  in  employing  one  of  their  own  number  to 
teach  ? » 


SCHOOL    LAWS.  115 

In  reply  : 

The  f  office  of  school  director  is  one  of  trust.  Previous 
to  the  passage  of  the  present  school  law  he  was  called  a 
trustee.  In  many  of  the  states  such  officers  are  still  called 
trustees.  It  is,  however,  immaterial  whether  the  name  be 
director  or  trustee,  the  office  is  one  purely  of  trust  and 
confidence,  and  the  person  filling  it  is  governed  by  the 
same  rules  of  law  which  govern  other  trustees,  in  so  far  as 
not  to  be  allowed  to  make  any  profit  from  his  office.  It  is 
a  well  settled  rule  that  a  trustee  cannot  use  the  trust  prop- 
erty, nor  his  relation  to  it,  for  his  own  personal  advantage. 
All  the  power  and  influence  which  the  possession  of  a  trust 
fund  gives  must  be  used  for  the  advantage  and  profit  of  the 
beneficial  owners,  and  not  for  the  personal  gain  and  emolu- 
ment of  the  trustee.  No  other  rule  would  be  safe. 

By  examination  of  the  school  law  it  will  be  seen  that  the 
powers  of  the  director  are  very  large,  and  for  the  failure  to 
perform,  or  for  neglect  of  any  duties  of  his  office,  he  is 
liable  to  forfeit  to  his  district  the  sum  of  twenty-five  dollars. 

Among  his  duties  he  is  required  to  visit  the  schools  at 
least  once  each  term,  and  encourage  the  pupils  in  their 
studies,  and  give  such  advice  to  the  teacher  as  may  be  for 
the  benefit  of  teacher  and  pupils. 

By  other  sections  of  the  law  it  will  be  seen  what  the  duties 
of  the  teachers  are,  and  that  it  would  be  inconsistent  with 
those  duties  for  him  to  be  a  director.  In  fact,  if  a  director 
were  allowed  to  be  a  teacher  in  his  own  district,  he  would 
have  to  make  a  contract  with  himself,  and  would  be  using 
his  position  of  trust  for  his  own  emolument  and  gain.  This 
cannot  be  legally  done. 

I  am,  therefore,  of  opinion,  in  answer  to  your  first  ques- 
tion, that  a  school  director  cannot  be  legally  employed  to 
teach  the  public  schools  of  his  own  district. 

As  to  your  second  question,  if  the  directors  persist  in  em- 
ploying one  of  their  own  number  to  teach,  the  people  of 


Il6  SCHOOL    LAWS. 

the  district  can  obtain  redress  through  the  courts  to  prevent 
such  an  abuse  of  power.  They  can  be  enjoined  from 
doing  so. 

BY  JONES. 

Clerks  may  not  charge  fees  for  performing  the  duties  re- 
quired of  them  under  the  common  school  laws. 

In  answer  to  your  inquiry,  "Are  county  clerks  entitled  to 
ask,  demand  or  receive  fees  from  the  several  school  districts- 
in  their  respective  counties  for  performing  the  duties  required 
of  them  under  the  common  school  laws  of  the  state — such, 
for  instance,  as  filing  reports  of  organization,  of  elections, 
of  levy  of  school  tax,  of  apportionment  of  common  school 
funds,  or  any  other  duty  enjoined  upon  them  by  said  law?  " 
I  have  the  honor  to  say  that  the  fees  for  clerks  are  regulated 
by  statute  in  this  state,  and  that  unless  the  statute  fixes  a 
compensation  for  any  particular  service  required  of  that 
officer,  he  is  not  entitled  to  ask,  demand  or  receive  any  for 
the  performance  of  it.  See  Cole  v.  White  County,  32  Ark.,  4.5. 

By  examination  of  the  common  school  laws  of  this  state, 
it  will  be  observed  that  there  is  no  compensation  provided 
for  the  services  required  by  the  county  clerks  ;  consequently 
they  are  not  entitled  to  fees  for  such  services. 

This  is  not  a  new  question  by  any  means,  but  has  been 
frequently  passed  upon  by  the  courts  of  the  various  states 
and  by  the  English  courts.  From  these  decisions  it  may  be 
considered  as  established  law  that  where  the  law  imposes  a 
duty  upon  an  officer  he  cannot  claim  a  remuneration  for  ful- 
filling it  unless  the  law  has  expressly  conferred  such  right. 

I  am,  therefore,  clearly  of  the  opinion  that  clerks  are  not 
entitled  to  fees  for  services  required  to  be  performed  by  them 
under  the  common  school  laws  of  this  state. 

BY  JONES. 

A  school  director  may  not  be  elected  by  less  than  a  ma- 
jority vote. 


SCHOOL    LAWS.  1 1/ 

In  answer  to  your  inquiry,  I  have  the  honor  to  state  that 
all  the  powers  vested  in  the  electors  of  a  school  district,  in 
their  annual  school  meetings,  must  be  exercised  by  a  major- 
ity of  the  votes  cast  at  such  meetings,  and  that  no  power 
can  be  exercised  by  Jess  than  such  majority.  Consequently 
a  director  cannot  be  elected  by  less  than  a  majority  of  the 
votes  cast  at  the  meeting. 

BY  JONES. 

Separate  schools  must  be  maintained  in  every  district  for 
each  race — directors  have  discretion  but  to  maintain  the 
schools. 

I  am  in  receipt  of  your  communication  of  a  late  date,  in 
which  you  say  :  "  In  a  certain  school  district  of  this  state 
there  are  seventy-five  or  more  white  children  of  school  age 
and  only  four  colored  children  of  that  age. 

"  In  another  school  district  there  are  seventy-five  or  more 
colored  children  of  school  age  and  only  four  white  children 
of  that  age. 

"  I  wish  to  know  whether  it  is  the  duty  of  the  school  di- 
rectors in  the  first  mentioned  district  to  provide  a  school  for 
the  four  colored  children,  and  in  the  second  mentioned  dis- 
trict for  the  four  white  children." 

In  reply : 

Section  I,  article  14,  of  the  constitution  of  the  state,  is 
as  follows  : 

u  Section  I.  Intelligence  and  virtue  being  the  safeguards 
of  liberty,  and  the  bulwark  of  a  free  and  good  government, 
the  state  shall  ever  maintain  a  general,  suitable  and  efficient 
system  of  free  schools,  whereby  all  persons  in  the  state  be- 
tween the  ages  of  6  and  21  years,  may  receive  gratuitous 
instruction." 

In  compliance  with  this  mandate  of  the  constitution,  the 
general  assembly  has  prepared  a  system  of  free  schools,  one 
provision  of  which  is  as  follows : 


Il8  SCHOOL    LAWS. 

"The  said  board  [of  directors]  shall  make  provisions  for 
establishing  separate  schools  for  white  and  colored  children 
and  youths,  and  shall  adopt  such  other  measures  as  they 
may  judge  expedient  for  carrying  the  free-school  system 
into  effectual  and  uniform  operation  throughout  the  state, 
and  providing,  as  nearly  as  possible,  for  the  education  of 
every  youth."  See  sec.  704.1. 

The  constitution  of  .California,  upon  the  subject  of  educa- 
tion, is  similar  to  ours.  The  legislature  of  that  state  enact- 
ed that  the  education  of  children  of  African  descent,  and 
Indian  children,  shall  be  provided  for  in  separate  schools. 
In  the  case  of  Ward  v.  Flood,  4.8  Cal.  Rep.,  36,  it  is  decided 
that  it  is  clearly  within  the  power  of  the  legislature  to  enact 
such  a  law,  and  that  a  colored  child  may  be  excluded  from  a 
white  school,  and  a  white  child  from  a  colored  school,  where 
separate  schools  have  been  in  fact  established  and  main- 
tained; but  that  "unless  such  separate  schools  be  in  fact 
maintained,  all  children  of  the  school  district,  whether  white 
or  colored,  have  an  equal  right  to  become  pupils  at  any 
common  school  organized  under  the  laws  of  the  state."  To 
the  same  effect  is  the  case  of  State  of,  ex  rel.  Stontmeyer,  v.. 
Duffy,  7  Nevada  Rep.,  34.2. 

In  the  case  of  Maddox,  et  al.,  v.  Neal,  et  al.,  45  Ark.  Rep., 
121,  the  supreme  court  of  this  state  says:  "A  wide  range 
of  discretion  is  vested  in  these  boards  by  the  statute  in  the 
matter  of  the  government  and  details  of  conducting  the 
common  schools,  but  in  the  nature  of  things,  there  is  a  limit 
to  this  discretion.  Some  positive  and  imperative  duties  are 
imposed  upon  them  about  which  they  have  no  discretion. 
The  first  and  most  important  duty  of  the  board  is  to  make 
provisions  for  establishing  schools.  When  the  funds  are  pro- 
vided, and  the  directors  are  not  otherwise  instructed  by  the 
school  meeting  of  the  district,  the  duty  to  provide  a  school 
for  at  least  three  months  is  mandatory,  and  the  duty  to  es- 
tablish separate  schools  for  the  whites  and  blacks  is  also  in- 


SCHOOL    LAWS.  IIQ 

cumbent  on  them.  All  the  provisions  of  the  law  in  rela- 
tion to  schools,  in  conformity  to  the  constitutional  mandate, 
are  general,  and  the  system,  as  far  as  the  statute  can  make 
it,  is  uniform.  No  duty  is  imposed  upon  or  discretion  given 
to  the  directors  about  schools  for  one  race  that  is  not  appli- 
cable to  the  other.  It  is  the  clear  intention  of  the  constitu- 
tion and  statutes  alike  to  place  means  of  education  within 
the  reach  of  every  youth.  Education  at  the  public  ex- 
pense has  become  a  legal  right  extended  by  the  laws  to  all 
the  people  alike.  No  discrimination  on  account  of  nation- 
ality, caste  or  other  distinction  has  been  attempted  by  the 
law-making  powers.  The  boards  of  directors  are  only  the 
agents,  the  trustees  appointed  to  carry  out  the  system  pro- 
vided for.  Their  powers  are  no  greater  than  the  authority 
conferred  by  legislation.  They  can  do  nothing  they  are 
not  expressly  authorized  to  do,  or  which  does  not  grow  out 
of  their  expressed  powers.  *  *  *  The  opportunity  of 
instruction  in  the  public  schools,  given  by  the  statute  to  all 
the  youths  of  the  state,  is  in  obedience,  as  we  have  seen,  to 
special  command  of  the  constitution,  and  it  is  obvious  that 
a  board  of  directors  can  have  no  discretionary  power  to 
single  out  a  part  of  the  children  by  the  arbitrary  standard 
of  color,  and  deprive  them  of  the  benefits  of  the  school 
privilege.  To  hold  otherwise  would  be  to  set  the  discretion 
of  the  directors  above  all  law." 

It  appears  clear  to  me,  from  the  authorities,  and  in  view 
of  the  provisions  of  the  constitution,  and  the  statute  above 
cited,  that  it  is  the  duty  of  the  directors  of  each  school  dis- 
trict to  establish  and  maintain,  with  the  funds  at  their  dis- 
posal, separate  schools  for  the  white  and  colored  children 
within  their  respective  districts,  so  that  every  child  of  school 
age  shall  have  the  full  benefit  thereof ;  and  I,  therefore,  con- 
clude and  so  advise  you,  that  this  duty  of  directors  is  not 
limited  by  the  number  of  children  of  either  kind  in  the  dis- 


I2O  SCHOOL    LAWS. 

trict,  but  applies  to  one  child  as  well   as  to  seventy-five  or 
more. 

NOTE. — This  opinion  represents  the  law  as  it  stood  at  the  time  of  its  deliver- 
ance. Since  then  the  legislature  has  authorized  the  transfer  of  the  children  of 
either  race  to  adjoining  districts  where  the  number  of  either  race  in  any  district 
is  ten  or  less.  Now,  if  said  transfer  had  been  made  then  no  school  need  be 
maintained.  But  where  there  are  eleven  or  more  children  of  either  race  they 
have  the  right  to  demand  a  school  and  it  is  the  duty  of  the  directors  to  maintain 
it  out  of  the  funds  in  their  hands.  See  sec.  7062. 

BY  ATKINSON. 

The  treasurer  of  state  to  place  the  ten  per  cent,  of  the 
sales  of  all  state  lands  to  credit  of  school  fund. 

I  am  in  receipt  of  your  favor  of  the  i$th  inst.,  in  which 
you  ask  my  official  opinion  upon  the  following  points,  to- 
wit  : 

(i.)  Has  section  6932  of  Sandels  &  Hill's  Digest  been 
repealed  or  amended  ? 

(2  )  If  not,  who  should  place  to  the  credit  of  the  school 
fund  "ten  per  cent,  of  the  net  proceeds  of  the  sales  of  all 
state  lands  ?  " 

(3.)     How  and  by  whom  are  the  net  proceeds  determined  ? 

In  reply.  I  am  of  the  opinion  that  the  section  of  the  di- 
gest mentioned  by  you  has  not  been  repealed  or  amended. 

It  seems  to  be  the  duty  of  the  treasurer  to  keep  books 
which  shall  show  from  whom  moneys  have  been  received  by 
him  and  on  what  account.  He  is  made  the  receiver  of  all 
public  moneys  not  expressly  required  by  law  to  be  kept  by 
some  other  person  (see  section  3255  of  Sandels  &  Hill's  Di- 
gest). I  am  of  the  opinion  that  the  treasurer  should  place 
the  funds  mentioned  to  the  credit  of  the  common  school 
fund.  See  sec.  6139,  Mansfield' s  Digest. 

Section  3210  of  Mansfield's  Digest  makes  it  the  duty  of 
the  commissioner  of  state  lands  to  make  a  statement  of  the 
amount  due  or  required  by  law  for  the  purchase  of  state 
lands,  in  which  he  shall  state  concisely  the  particular  matter 
or  account  for  which  said  sum  is  to  be  paid,  which  is  handed 


SCHOOL    LAWS.  121 

to  the  purchaser  of  state  land  and  by  him  turned  over  to  the 
treasurer.  This  would  enable  the  latter  officer  to  properly 
credit  the  funds  received  by  him. 

BY  ATKINSON. 

1.  Every  transferred  person  must  pay  the   tax  voted  in 
the  district  to  which  he  goes. 

2.  The  tax  which  follows  the  person  transferred  is  what 
he  actually  paid  on  his  realty  and  personalty. 

3.  Nature  of  assessment. 

Replying  to  your  favor  of  the  26th  inst,  wherein  you  refer 
to  me  certain  matters  submitted  by  Duncan  Flanagan,  Esq., 
county  judge  of  Clark  county,  relating  to  the  construction 
of  sections  7062-4  of  Sandels  &  Hill's  Digest,  I  have  the 
honor  to  submit  my  opinion  herewith. 

You  ask  : 

(i.)  If  a  transfer  of  children  be  granted  under  section 
7062,  will  the  person  applying  for  transfer  pay  the  district 
school  tax  voted  in  the  district  from  which  he  was  transfer- 
red to  the  one  in  which  his  children  have  been  transferred  ? 

(2.)  If  he  has  real  estate  in  several  districts,  will  all  or 
what  part  of  the  district  tax  follow  the  transfer  ? 

(3.)  In  case  of  transfer,  in  what  district  must  the  real  es- 
tate be  assessed  ;  and,  if  assessed  in  the  district  from  which 
transfer  is  made,  how  can  the  district  to  which  children  have 
been  transferred  obtain  the  benefit  of  the  tax? 

The  act  of  December  7,  1875,  merely  provided  that  "the 
district  school  tax  "  of  the  person  whose  children  were  trans- 
ferred should  be  added  to  the  school  revenues  of  the  district 
to  which  he  had  been  transferred,  and  should  not  be  included 
in  the  school  revenues  of  the  district  wherein  he  remained. 
The  difficulty  under  this  law  was,  that  a  person  might  trans- 
fer his  children  to  a  district  which  levied  a  five-mill  tax  and 
get  the  benefit  of  this  tax,  while  his  property  was  taxed  as 
belonging  to  the  district  in  which  he  resided  where  he  might 
vote  "  no  tax,"  and,  if  a  majority  of  the  voters  so  voted,  he 


122  SCHOOL    LAWS. 

would  pay  no  tax.  The  tax  was  fixed  by  the  district  in 
which  he  resided,  but  was  turned  over  to  the  district  to  which 
he  was  transferred  when  collected.  This  inequitable  rule 
was  intended  to  be  changed  by  the  act  of  March  30,  1883, 
and  the  more  reasonable  rule,  "  Qui  sentit  comwodum,  sen- 
tire  debet  et  onus"  adopted.  Although  very  obscurely  draft- 
ed, the  act  sufficiently  manifests  an  intention  to  transfer 
both  the  property  and  children  to  the  district  to  which  the 
tax-payer  wishes  to  transfer  for  educational  purposes.  The 
act  provides  that  the  elector  may  vote  in  the  district  to  which 
he  had  his  children  transferred.  It  is  not  to  be  supposed 
that  he  could  vote  there  if  his  property  was  assessable  in 
another  district.  The  proviso  that  he  could  not  vote  out- 
side of  his  political  township  was  intended  to  prevent  the  act 
from  being  unconstitutional  under  section  I,  of  article  3,  of 
constitution  1874.  If  he  chose  to  remove  his  children  and 
property  out  of  his  township  and  deprive  himself  of  a  right 
to  vote  in  school  elections,  that  was  his  own  affair.  "  Quili- 
bet  potest  renunciare  juri  pro  se  introducto" 

(l.)  To  your  first  question,  therefore,  I  answer  that  a 
person  obtaining  a  transfer  of  his  property  and  children  to 
an  adjoining  district  will  pay  the  district  school  tax  voted  by 
the  district  to  which  he  has  been  transferred. 

(2.)  The  law  only  provides  that  as  to  the  district  school 
tax,  the  property  on  which  he  paid  in  the  district  wherein 
he  resides  should  be  transferred  to  the  district  to  which 
transfer  of  his  children  is  made.  This  includes  his  tax  on 
personalty  and  realty  lying  in  that  district  only. 

(3.)  In  case  of  transfer,  the  property  is  assessed  as  if  in 
the  district  to  which  transfer  is  made.  §ection  7064,  San- 
dels  &  Hill's  Digest  provides  the  way  the  accounts  are  to  be 
kept  where  the  districts  are  in  two  counties. 

BY    ATKINSON. 

School  boards  must  act  as  corporate  bodies  and  separately 
as  individuals. 


SCHOOL    LAWS.  123 

You  ask,  "  Can  a  majority  of  a  board  of  directors  of  a. 
school  district  bind  the  district  by  a  contract  for  the  em- 
ployment of  teachers,  or  for  other  purposes,  without  a  full 
meeting  of  the  board  ?  " 

This  question  has  been  frequently  adjudicated  by  the 
courts  of  the  different  states.  I  have  collected  a  few  ex- 
tracts from  them,  which  I  present  you,  viz.: 

In  Herring  ton  v.  District,  47  Iowa,  ij,  the  court  said 
"  While  it  is  true  that  a  majority  of  the  board  will  govern 
in  the  absence  of  a  provision  by  statute,  or  in  the  articles  of 
incorporation,  requiring  the  concurrence  of  a  greater  number, 
yet  their  determination  is  valid  only  after  the  minority  have 
had  an  opportunity  to  be  heard.  A  board  must  act  as  a 
unit,  and  in  the  manner  prescribed.  The  determination  of 
the  members  individually  is  not  the  determination  of  the 
board.  In  McCullock  v.  Ross,  577,  5  Denio,  the  court  said  : 
'  The  concurrence  of  a  majority  of  the  board  when  duly 
assembled  is  requisite  to  constitute  a  valid  act.  The  assent 
of  the  members  separately  is  not  enough.'  " 

In  Townsend  v.  School  Trustees,  41  N.J.  L.,  J/J,  it  was 
held : 

"The  duty  of  these  trustees,  in  the  selection  of  teachers, 
was  not  ministerial  merely  ;  they  were  obliged  to  examine 
into  the  qualifications  of  teachers,  and  to  exercise  judgment 
and  discretion  in  their  selection  ;  it  was  the  performance  of 
an  important  public  duty,  in  the  execution  of  which  confer- 
ence and  comparison  of  judgments  were  necessary  in  reach- 
ing proper  results.  It  was  an  act  judicial  in  its  nature,  and 
the  general  rule  governing  such  bodies  so  acting  is,  unless 
special  provisions  of  the  is  otherwise  made,  that  all  must 
meet,  or  have  notice  to  meet,  when  official  action  is  in- 
tended." *  *  *  *  "  It  was  clearly  not  the  intention  of 
the  legislature,  in  the  school  law,  to  confer  upon  the  indi- 
vidual members  constituting  the  board  of  trustees  the  power 
of  acting  separately  in  the  selection  and .  appointment  of 


124  SCHOOL    LAWS. 

teachers.  The  intention  was  to  have  them  act  and  confer 
together,  the  result  of  their  combined  judgment,  or  of  the 
majority  of  them,  constituting  a  single  act." 

In  the  State  ex  rel.  v.  Leonard,  j  Cooper's  Ch.,  179,  it  is 
said : 

"Neither  the  majority  nor  the  whole  of  these  had  power 
individually  to  grant  such  permission.  It  could  only  be 
given  by  them  when  assembled  as  a  board." 

"  It  was  evidently  contemplated  by  the  legislature  that  a 
school  district  should  have  the  benefit  to  be  derived  from 
the  united  experience  and  wisdom  of  all  the  members  of  the 
board."  People  v.  Peters,  4.  Neb.,  254. 

In  Wilson  v.  Waltersville  School  District,  4.6  Conn.,  4.07 ',  it 
was  held  : 

"The  rule  of  the  common  law  undoubtedly  is  that  public 
agents  may  act  by  majorities,  provided  all  are  present,  or 
have  proper  notice, to  be  present. 

"Their  duties  are  important,  and  require  the  exercise  of 
sound  judgment  and  discretion,  and  their  action  in  the  em- 
ployment of  teachers  may  be  attended  with  important  con- 
sequences, both  pecuniary  and  moral.  When  several  per- 
sons are  appointed  it  would  seem  to  be  for  the  very  purpose 
of  giving  the  district  the  benefit  of  the  combined  judgment 
and  good  sense  of  all." 

I  am  of  the  opinion  that  the  rules  for  the  government  of 
school  boards,  as  promulgated    in   the   foregping   decisions, 
are  correct  and  proper,  and  shoujd  be  recommended  by  you 
for  the  observance  of  those  acting   in   that   capacity  in    our 
state. 

BY    KINSWORTHY. 

Junius  Jordan,  Superintendent  of  Public  Instruction  : 

DEAR  SIR — I  have  the  honor  to  acknowledge  receipt  of 
your  recent  communication  requesting  me  to  answer  the  fol- 
lowing question  : 

II  When  does  a  newly  elected  member  of  the  board  ofdi- 


SCHOOL    LAWS.  125; 

rectors  of  a  special  school  district  become  an  active  member 
of  the  board?" 

Answering  this  question,  I  have  this  to  say  : 

Section  7091  of  Sandels  &  Hill's  Digest  states  that  annually 
on  the  third  Saturday  in  May,  there  shall  be  elected  two  di- 
rectors who  shall  serve  three  years  and  until  their  successors 
are  elected  and  qualified.  This  section  does  not  state  that 
said  directors  shall  hold  three  years  from  the  date  of  their 
election,  but  that  they  shall  hold  three  years  from  the  day 
they  begin  to  serve. 

Section  7098  of  Sandels  &  Hill's  Digest  states  :  "  Each 
person. elected  director  shall  take  the  oath  of  office  within 
five  days  after  receiving  a  certificate  of  election."  While 
the  directors  are  elected  on  the  third  Saturday  in  May,  they 
are  given  five  days  from  the  date  they  receive  their  certifi- 
cate of  election  in  which  to  qualify  ;  so  if  a  director  qualifies 
within  the  said  five  days  his  term  of  office  would  begin  the 
day  he  qualifies  and  end  three  years  from  that  day,  provided 
his  successor  qualifies  on  or  before  that  day. 

I  am,  therefore,  of  the  opinion  that  a  newly  elected  director 
can  be  qualified  as  soon  as  he  receives  his  certificate  of  elec- 
tion, but  that  his  term  of  office  would  begin  upon  the  day 
his  predecessor's  term  of  office  expires,  which  day  would 
be  three  years  from  the  date  he  began  to  serve  as  director, 
provided  that  time  was  within  five  days  after  he  received  a 
certificate  of  election  ;  if  not,  his  term  of  office  would  begin 
the  fifth  day  after  receiving  his  certificate  of  election. 

In  giving  this  opinion  I  have  not  been  unmindful  of  section 
7100  of  the  digest,  for  this  section  cannot  change  the  pro- 
visions of  the  sections  previously  mentioned,  as  this  section 
is  a  part  of  the  act  of  1885,  and  the  above  mentioned  sec- 
tions are  a  part  of  the  act  of  1893,  so  the  latter  act  repeals 
the  former  act  wherever  and  whenever  they  come  in  conflict.. 
Yours  respectfully,  E.  B.  KINSWORTHY, 

Attorney  General. 


APPENDIX. 


APPENDIX. 


FORMS  FOR  THE  USE  OF  SCHOOL  OFFICERS. 

Form  I.     Examiner's  Requisition  Blank. 


OFFICE   OF  COUNTY  EXAMINER, 


.18. 


To  the  State  Superintendent  of  Public  Instruction, 

Little  Rock,  Ark. 

SIR  :     The  blanks  and  blank  books  needed  for  a  proper  administration  of 
the  public  school  affairs  of  this  county  are  as  follows : 


No.  on  Hand 

No.  Required 

Examiner's  Record                                                  » 

Annual  School  Meeting  Notices  

Directors'  Estimates  of  District  Expenses 

Certificate  of  Election  of  School  Directors 

Certificates  of  Tax  Levied       ...            

Directors'  Oaths 

Directors'  Annual  and  Enumeration  Reports  

Contracts  between  Directors  and  Teachers 

Directors'  Warrant  Books 

Examination  Notices                       

County  Examiner's  Annual  Reports 

Teachers'  Certificates                

Directors'  Records 

School  Laws                       .      *  .             

County  Institute  Notices 

Poll-Books              .    .          

No.  of  School  Districts  in  the  County 

Directions  for  shipping  the  above. 


Respectfully, 


County  Examiner. 


S— 9 


I3O  SCHOOL    LAWS. 


Form  II. 

ANNUAL   SCHOOL    MEETING. 

NOTICE. 

There  will  be  an  Annual  School  Meeting  of  the  Electors  of  School  District 

No County,  at 

,  the  third 

Saturday  in   May,  189....     At  this  meeting   the   following  matters  will  be  sub 
mitted  to  the  consideration  and  action  of  the  Electors  of  said  District  : 


It  is  desired  that  every  Elector  be  present. 


Directors. 
Date 189.... 

Directors  will  please  bear  in  mind  that  this  notice  must  be  posted  in  three 
or  more  conspicuous  places,  at  least  fifteen  days  before  the  time  of  meeting,  and 
that  the  objects  of  this  meeting  must  be  inserted  in  the  appropriate  blanks  above, 
as  provided  for  in  section  7035  of  the  present  School  Law  of  Arkansas. 


SCHOOL   LAWS. 


Form  III. 

DIRECTORS' 
ESTIMATE    OF    DISTRICT    EXPENSES. 


Electors  of  School  District  No County  of 

State  of  Arkansas. 

\Ve  respectfully  submit,  in  accordance  with  Section  7049  of  the  School  Law,  the 
following  as  our  estimate  of  the  expenses  of  the  Public  Schools  in  this  District,  for  the 
term  of  three  months  during  the  present  scholastic  year,  beginning  the  first  of  last  July, 
and  of  the  expenses  per  month  of  continuing  the  schools  longer  than  three  months. 

AMOUNT   NECESSARY. 


For  Teachers'  Salaries ' 

For  Purchase  or  Lease  of  Sites 

For  Purchase,  Erection  or  Hire  of  Houses 

For  Repairs  of  Houses  and  Grounds 

For  Fuel  and  Incidental  Expenses..    

P"or  Furniture,  Apparatus,  Light,  &c 

For  other  purposes 

Total 

Amount  which  we  will  probably  receive  from  the  State  Apportionm't 

Remainder  to  be  raised  by  a  District  Tax ..I 

Expense  for  continuing  the  schools longer.than 

three  months,  at  dollars  per  month !  ' 

Total  amount  to  be  raised  bv  District  Tax 


The  above  estimate  is  respectfully  submitted  for  your  consideration  and  action. 


•  Directors. 


Dated,  May 


132  SCHOOL    LAWS. 


Form    IV. 

CERTIFICATE   OF   ELECTION    OF   SCHOOL 
DIRECTORS. 


STATE    OF   ARKANSAS,         ) 

SCHOOL    DISTRICT  No 

County  of. ) 


We  hereby  certify  that  at  the  Annual  School  Election  held  on  the. 

day  of  May,  189 /    

was  elected  School  Director  for  the  next years. 


Judges. 
This May,  189 

(See  Section  7036,  School  Law.) 


SCHOOL    LAWS.  133 

Form  V. 

CERTIFICATE    OF   JUDGES    AND    CLERKS    OF 
SCHOOL   ELECTION. 


STATE   OF   ARKANSAS, 


County, 


District  Xo. 


We  hereby  certify,  that  the  election  held  on  this  day,  in  District  Xo 

County,  Arkansas,  pursuant  to  law, 

the  number  of  votes  hereinafter  mentioned  were  cast  for  the  several  persons  named  be- 
low for  Directors,  and  for  and  against  Tax,  and  amount  of  Taxes  voted. 


For  Directors 

X'o.  Votes 
Received 

For  Tax 

X'o.  Votes 
Received 

Mills 

Whole  Xo   of  Votes  Ca«;t 

Whole  Xo.  of  Votes  Cast 
Against  Tax 

For  Teachers'  Salaries 

For  Purchasing  or  Lease 

For  Building  or  Repairing 

For  Furniture  and 

Given  under  our  hands  this. 
ATTEST : 


.dav  of  ...  ....A.  D. 


Clerks. 


Judges. 


NOTE. — This  form  is  a  part  of  the  poll  book  which  is  furnished  by  the  examiner  to 
each  district. 


134  SCHOOL    LAWS. 


Form  VI. 

DIRECTORS'  OATH. 


I, ,  do  solemnly  swear 

(or  affirm)  that  I  will  support  the  Constitution  of  the  United  States,  and  the  Constitu- 
tion of  the  State  of  Arkansas,  and  that  I  will  faithfully   discharge  the  duties  of  the 

office  of  Director  of  District  No upon  which  I  am 

about  to  enter. 


Post-office 

Sworn  and  subscribed  to  before  me  this .-. day  of 

189 ' 

County  Clerk. 

See  Section  7036,  School  Law. 


SCHOOL    LAWS. 


135 


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SCHOOL    LAWS. 


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SCHOOL    LAWS.  137 

Form  VIII. 

TEACHER'S    CONTRACT. 


STATE    OF    ARKANSAS, 

County  of 

THIS    AGREEMENT,  between 


as  Directors  of  School  District  No in  the  County  of 

State  of  Arkansas,  and t 

who  agrees  to  teach  a  Common  School  in  said  District,  is  as  follows: 

The  said  Directors  agree  upon  their  part,  in  consideration  of  the  covenants  of  said 

'Teacher,  hereinafter  contained,  to  employ  the  said  to  teach 

a  Common  School  in  said  District,  for  the  term  of months,  commencing 

•on  the day  of A.  D.  189 ,  to  pay  therefor  in  the 

manner,  and  out  of  the  funds  provided  by  law,  the  sum  of Dollars, 

for  each  school  month. 

Said  Directors  further  agree  that  all  the  steps  required  or  allowed  by  law  to  be  taken 
by  said  District  and  its  officers,  to  secure  the  payment  of  teachers'  wages,  shall  be  so 
had  and  taken  promptly,  and  the  requirements  of  the  law  in  favor  of  the  teacher, 
complied  with  by  said  District. 

The  Teacher,  on part,  agrees  to  keep school  open hours  each 

school  day;  keep  carefully  the  Register  required  by  law;  preserve  from  injury  to  the 

utmost  of. power   the  District  propertv;  give  said  school ...entire  time  and 

best  efforts  during  the  school  hours;  use utmost  influence  with  parents  to  secure 

a  full  attendance  of  scholars,  and  generally  to  comply  with  all  the  requirements  of  the 

laws  of  this  State  in  relation  to  Teachers  to  the  best  of ability. 

Signature — 


Directors. 
Teacher. 


Date 189 Place 

(See  Sections  7042  and  7043  of  School  Law.) 


138  SCHOOL    LAWS. 

Form  IX. 

BLANK  WARRANT. 


DISTRICT   SCHOOL   FUND,  DISTRICT  No „. 

189 

To  Treasurer County,  Ark.  : 

Pay  to or  Order 

the  sum  of 1 ...  DOLLARS,. 

100 
for  .  }  out  of  the 


Fund. 


Directors. 
(See  Sections  7051  and  7052  of  School  Law.) 


Form  X. 

FOR   PUBLIC   EXAMINATIONS. 
NOTICE. 


Notice  is  Hereby  Given  that  there  will  be  a 
PUBLIC    EXAMINATION    OF    TEACHERS 

At 

the ..days 

of A.  D.  189 ,  to  ascertain  the 

Professional  Qualifications  of  all  persons  desiring  to  teach  in  the  PUBLIC  SCHOOLS 
of County. 

County  Examiner.. 

County,  Arkansas. 

Date 

(See  Section  7009  of   School  Law. "I 


SCHOOL    LAWS. 


'39 


Form  XI. 


STATEMENT 


OF  THE  PUBLIC  SCHOOL  FUNDS  OF 

THE  YEAR  ENDING  JUNE  30, 


COUNTY,  FOR 


Amount  Received. 

U.  S. 
Currency. 

State 
Scrip. 

To 

tal. 

Aggregate. 

Balance  on  hand  June  30,  189  —      

""" 

From  Common  School  Fund  (State) 

"       District  Tax 

"       Poll  Tax  
"       Sale  or  Lease  of  Houses  or  Sites  
"       Grants  or  Gifts  
"       Other  Sources 

Total  

™^™ 

«—»  • 

"""" 

™" 

Amount  Expended. 

U.  S. 
Currency. 

State 
Scrip. 

Total. 

For  Teachers'  Salaries  
"    Purchasing  Houses  or  Sites  

"    Building  and  Repairing  
"    Purchasing  Apparatus,  etc. 



"    Treasurer's  Commissions  
"    Other  Purposes 

_ 

Total 

— 

— 

— 

Balance  in  County  Treasury  Unexpended. 

U.  S. 
Currency. 

State 
Scrip. 

Total. 

Of  Common  School  Fund  

"    District  Fund 

"    Funds  from  all  other  Sources  

_ 

— 

— 

Total  

STATE    OF    ARKANSAS,  ^ 

County  of ) 

I  do  hereby  certify  that  the  foregoing  is  a  correct  state 

ment  of  the  Public  School  Funds  of County,  for  the 

year  ending   Ju»e  30,  189 


County  Treasurer. 


Date 


(See  Section  7084  of   School  Law.) 


140 


SCHOOL    LAWS. 


FORM  XII. 
REQUIREMENTS — NOTHING  BELOW  FIFTY  TO  BE  CONSIDERED. 


For  First  Grade  —  Arithmetic,  Grammar,  Orthography,  Eighty-five  per  cent  each; 
Average  of  Eighty-five  per  cent  in  the  remainder. 
For  Second  Grade  —  Arithmetic,  Grammar,  Orthography,  Seventy-five  per  cent  each; 
Average  of  Seventy-five  per  cent  in  the  remainder. 
For  Third  Grade  —  Arithmetic,  Grammar,  Orthography,  Sixty  per  cent  each;  Aver- 
age of  Sixty  per  cent  in  the  remainder. 

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uaapojv:  .....  "--Dpaiumuv  'iBjaaj\: 

aava>ivxs  ani  sv  NHXVX  owiag 


SCHOOL    LAWS. 


Form  XIII. 

CERTIFICATE  OF   SCHOOL  TAX  LEVIED. 

ARKANSAS. 


Office  of  School  Directors,  District  No 


TO  THE  HONORABLE  COUNTY  COURT 

of.  ..................................................  County,  State  of  Arkansas: 

We  hereby  certify  that  at  a  meeting  of  the  voters  of  School  District  No  ................... 

in  .............................................  County,  held  on  the  ...............  day  of  ........................  189  ....... 

it  was  voted  that  the  following  number  of  mills  ................................................................. 

be  levied  on  the  taxable  property  in  said  District,  for  the  following  school  purposes,. 
to-wit  : 

Expense  of  Teachers,     -  .........  .........  Mills. 

Purchase  or  Lease  of  Site,         -         -         -  ..................  Mills. 

Purchase,  Erection  or  Hire  of  House,         -         ..................  Mills. 

Repair  of  House  and  Grounds,  .................  Mills. 

Fuel,  ..................  Mills. 

Furniture,     -  ..................  Mills.     • 

Other     1  .....................................................................  ...............  Mills. 

Purposes,  \  ..........................  ."  ...........................................         .................  Mills. 

Total  Amount  ........................................................  Mills. 

And  your  Honorable  Body  will  please  levy  a  tax  on  the  taxable  property  of  this- 
District  equal  to  the  above  total  amount,  in  accordance  to  law. 


Attest:  

Directors. 


Chairman. 
Dated  this day  of.... 


H2  SCHOOL    LAWS. 


Form  XIV. 

NOTICE   OF   COUNTY   INSTITUTE. 


Office  of  COUNTY  EXAMINER, 

189.... 

BOARD  OF  DIRECTORS,  DISTRICT  NO 

You    will    notify    all   Teachers    holding    Certificates  of   Qualification  to  teach  in 

Public  Schools,  that  a  Teachers'  Institute  will  be  held  at 

on  the 

>days  of 189 

Also  that  Section  7073  as  amended  of  the  School  Law  requires  their  attendance. 
Urge  upon  them  the  importance  of  attending. 

Very  Respectfully, 


County  Examiner. 


SCHOOL    LAWS.  143 


Form  XV. 

OATH    OF    JUDGES 

OF  SCHOOL  ELECTION. 


STATE   OF    ARKANSAS, 
County  of 

\Ve, 

and do  swear  that  we  will 

perform  the  duties  of  Judges  of  this  election  according  to  law,  and  to  the  best  of  our 
abilities,  and  that  we  will  studiously  endeavor  to  prevent  fraud,  deceit  and  abuse  in  con- 
ducting the  same,  and  that  we  will  not  disclose  how  any  elector  shall  have  voted,  unless 
required  to  do  so  as  witnesses  in  a  judicial  proceeding,  or  a  proceeding  to  contest  an 
election. 


Judges. 


Form  XVI. 

OATH    OF    CLERKS 

OF  SCHOOL  ELECTION. 


STATE   OF   ARRANSA^.  j 

nt    of  ..............................  :  ................  ; 


STATE   OF 

County 

We  ....................................................................................................................... 

and  ..........................................  ...........................  '....  ..................  do  swear  that  we  will 

perform  the  duties  of  Clerks  of  this  election  to  the  best  of  our  abilities  ;  and  that  we  will 
faithfully  record  the  names  of  all  voters;  and  that  we  will  not  disclose  how  any  elector 
shall  have  voted,  unless  required  to  do  so  as  witnesses  in  a  judicial  proceeding,  or  a  pro- 
ceeding to  contest  an  election. 


Clerks. 


I  DO  CERTIFY,  that 

and Judges,  and 

and 

Clerks,  of  the  election  held  in  District  No on  the day  of 

189  ....  ,  were  severally  sworn  as  the  law  directs,  previous  to  entering  upon  their  respec- 
tive duties. 

Given  under  my  hand  as  such this day  of 189 


(NOTE— Forms  V,  XV  and  XVI  are  parts  of  poll-book.) 


INDEX. 


ANNUAL  SCHOOL  MEETING  :  PAGE. 

How  constituted    42,  82 

Who  may  vote 42 

Quorum 42,  84 

Powers  of 42,  43,  44,  45,  82 

Who  to  hold 46,  82 

Ballot 46 

How  to  count  the  votes 46 

Duties  of  county  court ...  47 

APPARATUS : 

What  amount  may  be  expended  for 55 

To  be  approved  by  whom 55 

APPORTIONMENT  : 

By  superintendent 19 

By  county  court 27,  28,  29,  90 

Basis  of    27,19 

ATTESTATION  : 

Of  reports 61 

AUDITOR: 

Duties  of  concerning  common  school  fund 13 

Superintendent  of  public  instruction  has  access  to  books  of 20 

ATTORNEY  GENERAL  (See  Opinions}: 

Duties  of  as  to  common  school  fund 14,  97 

Opinion  of,  when  given 20 

Opinion  of. 107  et  seq. 

AUTHENTICATION  : 

Of  any  paper  or  document 22 

B 

BLANKS: 

Forms  of 129  et  seq. 

To  be  furnished  by  state  superintendent 16 


11  INDEX. 

BRANCHES : 

For  state  certificate 21 

For  county  certificate 36,  37,  140 

For  county  examiner's  certificate 32 

BOOKS : 

List  of  prepared  by  superintendent 22 

To  be  adopted  by  directors 55 

BOOK  AGENTS : 

State  superintendent  not  to  act  as 21 

County  examiner  not  to  act  as 21 

BOUNDARY  LINES: 

Of  school  districts  changed  by  court 26 

BUILDINGS : 

Report  to  be  made  of 62 

Care  of,  in  whose  hands 51 

Site  for,  how  designated 43 

c 

COMMON  SCHOOL  (See  Free  School): 

COMMON  SCHOOL  FUND  (See  Free  School  Fund) : 

Collection  of n,  12,  13,  97 

No  cost  where  plaintiff  is  unsuccessful 13 

Whence  received II,  12,  13 

Debts  due 13,  97 

County  treasurers'  commission  on 102 

COLLECTORS : 

Duties  of  as  to  per  capita  tax 13 

COMMISSIONERS,  COMMON  SCHOOL 13  et  seq. 

How  composed , 13 

Time  and  place  of  meeting 13 

Who  presides 14 

The  secretary    of 14 

Record  of 14 

General  duties  of 14,  15 

CORPOREAL    PUNISHMENT ...66  et  seq. 

COUNTY  CLERKS: 

Duties  of 20,  29,  32,  1 16 

COUNTY  COURT: 

Apportionment    by 12,  27,  29 

Change  of  districts 24,  25 

To  appoint  county  examiners 30 


INDEX.  lit 

COUNTY  EXAMINER  (see  examiner) 30    et  seq 

CERTIFICATES  : 

State , 21 

County,  form  of 23,  140 

Requirements 36,  37 

Revocation    of 36,  37 

CHARTS 55 

COUNTY,  NEW,  ETC 30 

CONTRACTS  GENERALLY 52,  53,  54,  57,  58,  59 

CLERK  BOARD  OF  DIRECTORS 43,  46,  60 

D 

DISTRICTS 10,  12,  24,  25,  26,  27,  88,  89 

Dissolution  of . . . , 25 

Boundaries  of 24,  25 

Changes  of 24,  25,  26 

Style  and  name  of 25 

Powers  of 26 

New  districts 26,  29 

Special  or  separate  districts 81  et  seq. 

Transfers  from  one  to  another 70,  71,72 

Vacancy  in  office  of. 49,  83 

Rights  of  parties 72 

Must  be  numbered 40,  41 

Inhabitants  of  to  be  encouraged,  how 38,  39 

May  be  dissolved  by  county  court , 24 

DIRECTORS 47  et  seq. 

Become  active  members  of  board  when ....  124,  125 

How  elected 43,  47,  81,  82 

Cannot  be  elected  without  majority  vote 1 16,  117 

Duties  of. 48-73,  84,  85,  86 

May  not  be  county  examiners 32 

When  to  qualify 48,  84 

Who  to  administer 48 

Penalty  for  refusing  to  serve , 48,  49 

Penalty  for  non-performance  of  duty 49,  73 

Penalty  for  failure  to  report  tax 73 

Vacancy,  how  filled 49,  83 

Must  establish  separate  schools 49 

Must  act  as  corporate  bodies , .  122,  123,  124 

Have  general  charge 50,  5 1 .  85 

Must  contract  with  teachers 52,  53,  85 


IV  INDEX. 

DIRECTORS—  Continued. 

Must  adopt  text  books: ,  . .  55 

Must  furnish  register 55 

Must  visit  the  school  > 5 5,  56,  90 

Must  submit  estimate 56,  57 

Must  defend  for  district 59 

Must  draw  orders  on  treasurer 59,  88 

Must  not  teach  in  their  own  districts 114,  115 

Must  close  schools  on  examination  days 72,  76 

Du  ties  as  to  notices 36,  59,  60 

Duties  of  clerk  of  board 60,  88 

Must  report  to  county  clerk 61 

Must  report  to  county  examiner 61 

Must  settle  with  county  treasurer 62 

May  permit  elder  persons  to  attend 70 

May  suspend  pupils 63  et  seq. 

Duties  as  to  rules 63  et  seq. 

Duties  as  to  transferred  children 71 

Duties  as  to  private  schools 72 

Exempt  from  working  roads 72,  73 

Penalty  for  failure  to  report  tax  levied 73 

For  separate  school  districts 81  et  seq. 

DISBURSEMENT  OF  FUNDS 79 

DECISIONS 107  et  seq. 

DISTURBANCE  OF  SCHOOL 78 

DICTIONARIES 55 

E 

ELECTION : 

School 42,  81,  82 

Who  may  vote 42 

How  to  organize 42,  43,  46 

What  may  be  done  at 42,  43,  44,  45,  46 

Who  to  hold 46 

Time  for  opening  and  closing  poles 46 

Form  of  ballots 46 

Who  to  count 46 

Duties  of  election  j  udges 46,  47,  82 

Duty  of  county  clerk 46,  47 

Duty  of  county  court 46,  47 

In  separate  school  districts 81,  82 

Majority  to  elect 116,  117 


INDEX.  V 

ELECTORS  : 

Must  have  pole  tax  receipt . . « 42 

Powers  of 42,  43,  44,  45 

When  to  meet 42 

ENFORCEMENT: 

Of  rules 63  et  seq. 

ENUMERATION  : 

Report  of  . , 61,  62,  63 

EXAMINATIONS: 

Must  be  public  and  quarterly 33,  35,  36 

Only  teachers  deserving  license  must  teach 76 

Private 38,  39 

Re-examination 35,  36 

Schools  must  be  closed    72 

Not  to  be  held  at  time  of  institute 76 

Teachers  not  to  be  charged  for  loss  of  time 76 

EXAMINERS: 

Appointment  of 30 

Duties  of  clerk 32 

Duties  of  judge 30,  31 

Duties  of  state  superintendent 32 

Examination  of 32 

Examination  a  personal  service 33,  34,  35 

Expenses  of '. 41 

General  duties  of 31  et  seq. 

How  removed 41 

Institutes  must  be  held  by 76 

May  appoint  deputy 41 

May  not  be  a  director 32 

Must  hold  public  quarterly  examinations 35 

Must  present  expense  account 41 

Must  keep  record  of  licensed  teachers 38 

Must  prepare  a  report 29,  40 

Must  number  school  districts 40 

Must  encourage  the  people 38,  39 

Penalties  for  failure  to  perform  his  duties 41 

Qualifications 33 

Reports  to  county  clerk 29 

Revocation  of  license 36,  37 

Salary  of 33,  41 

What  to  examine 36,  37 

When  to   examine 33,  35 


VI  INDEX. 

EXAMINERS—  Continued. 

When  to  qualify , 32 

Who  are  excluded  from  examinations 36 

Who  may  be  cited  to  be  re-examined 36 

Vacancy  in  office  of 114 

ESTIMATE: 

Of  school  directors 56,  57,  58 

EXEMPTIONS: 

From  road  duty 72,  73 

FEES: 

Exaction  of 86,  87,  1 16 

Of  justice  of  the  peace  and  other  officers 13 

Exaciion  of 86,  87 

Of  surveyor .- 94 

Of  clerks 82,  95,  1 16 

Of  county  examiners 32,  33 

FORMS: 

For  use  of  school  officers 1 29  et  seq. 

FREE  SCHOOLS: 

Definition   of 10 

High  schools  may  be 1 1 ,  88 

Failure  of  county  to  receive  school  fund 30 

Fund,  common  school n,  12,  13,  102 

Claims  due,  how  collected 13,  97 

Limit  of  taxes  for 9-47 

Per  capita  tax    for 9,12 

Power  to  tax  for '. 10 

Right  to  attend 9,  63,  70 

Support  of. 9,  10 

What  may  be  taught  in 37,  77 

FUNDS: 

Common  school II,  12,  13,  102 

Treasurers  to  report 79,  80 

Treasurers'  commission  on 102 

To  be  invested 14 

How  apportioned 19,  27,  90 

How  paid  out  of  state  treasury 20 

G 

GLOBES 55 

GRADES  OF  CERTIFICATES 21,  22,  37 


INDEX.  Vll 

H 
HIGH  SCHOOLS  MAY  BE  SUPPORTED  BY  TAXATION 1 1 ,  85,  86 

I 

INSTITUTES: 

State  Superintendent  to  hold 16 

County  examiner  to  hold •  —  7^ 

Not  to  be  held  at  time  of  examination 76 

Teachers  must  attend 7° 

County  Normal  Institute 23 

INCOMPETENCY  OF  TEACHERS 37>  87 

J 

JUDGE,  COUNTY  (See  County  Court}: 12,  30 

L 

L/VND  SURVEY,  ETC.: 

Required  to  be  taught 37 

LEASE  OF  SCHOOL  LANDS 101,  102 

LICENSE,  COUNTY  .  „ 37 

Unlawful  without  examination 38 

State,  requirements  for 21 

M 

MONTH: 

Term  defined 54 

MAPS 55 

MAYOR: 

Duties  of  in  separate  districts 81 

MEMORIAL: 

House  No.  i 96 

NORMAL  SCHOOLS: 

Power  to  support  by  taxation .' 1 1 

County  normal  institutes 23 

Teachers  must  attend 76 

Length  of  county  normal 24 

District  normals 24 

NOTICE : 

Of  annual  school  meeting 59.  60 

Of  petition  for  transferred  children 71 

Of  county  examiners 36,  76 

Of  change  in  district 25 

For  separate  districts 81,83 


Vlll  INDEX. 

o 

OFFICE  OF  STATE  SUPERINTENDENT 16 

OATH  OF  OFFICE 32,48,84 

OFFICERS: 

Election  of,  how  certified 61 

OPINIONS  OF  ATTORNEY  GENERAL  : 

Application  of  funds 107,  108 

As  to  clerk's  fees 1 16 

As  to  separate  schools 117,  118,  119,  120 

.   Directors  must  receive  a  majority 1 16,  1 17 

Directors  serve,  how  long. 124,  125 

Duties  of  treasurer 1 20 

Duties  of  transferred    persons 121,  122 

Power   of  court  to  fill  vacancy 114 

Rights  of  pupils 108—113 

School  boards,  corporate  bodies 122,  123,  124 

School  directors  as  teachers 114,  115 

Directors  become  active  members  when 124,  125 


PUBLIC  SCHOOL  (See  free  School)  : 

Private  schools  can  not  be  based  upon  public  taxation 10 

PROSECUTING  ATTORNEY : 

Duties  of  as  to  school  fund 14,  80 

PERMANENT  SCHOOL  FUND 12 

PENALTIES 41,  48,  49,  62,  73,  78,  79 

PRIVATE  SCHOOL 72 

No  taxation  for  support  of 10 

POLL  BOOKS: 

To  be  used  by  directors  in  annual  meeting 17 

PATENTS 99,  100,  101 

PETITION  : 

For  separate  school 81 

For  transfer 70,  71 

PUNISHMENT 66 

Q 

QUESTIONS  : 

To  be  furnished  by  State  Superintendent 16 


INDEX.  1* 

R 
RACES,  SEPARATE  SCHOOLS  FOR 49,  7 1 

RIGHTS : 

Of  district  over  funds 

Of  parties  transferred 7*,  121,  122 

Of  pupils  into  public  schools   108,  109,  no,  in,  112,  113,  114 

REGISTERS  : 

Form  of •  •  •  •          25 

Who  to  furnish 16,  25 

Directors  must  procure 55 

Teachers'  duties 75'  77 

RE-EXAMINATIONS : 

Required 35>  38 

Renewals  of  certificates 3^ 

REVOCATION  OF  LICENSE 36>  37 

RECORDS: 

Of  state  supnrintendent *6 

REPORT : 

Of  state  superintendent J7 

Of  county  examiner 4° 

Of  school  directors  to  county    examiners 61,  62 

Of  school  directors  to  county  clerk 61 

REMOVAL : 

Of  teacher 37,  87 

Of  county    examiner ^ 41 

RULES  : 

What  may  be  prescribed  by  State  Superintendent 16 

Of  directors  and  teachers 63  et  seg. 

s 

SEAL  OF  STATE  SUPERINTENDENT 22 

SECRETARY  OF  STATE : 

One  of  board  of  commissioners 13 

Shall  be  president  of  board 14 

May  call  meeting  of  board I3»  H 

SEPARATE  SCHOOL  DISTRICTS 81  et  seq- 

SEPARATE  SCHOOLS  : 

For  both  races 49»  71*  120 

SALARY  OF  EXAMINERS 32,  41 

SCHOOL  DIRECTORS  (see  directors) 47  **  ™3- 

SCHOOL  DISTRICTS  (see  districts) 24  et  seq. 


X  INDEX. 

SCHOOL  LANDS 91  et  seq. 

SCHOOLS  FOR  CITIES  AND  TOWNS 81  et  seq. 

SCHOOL  HOUSES: 

Tax  must  be  voted  for 43,  44 

Director  to  have  charge  of  and  contract  for 51,  55 

Not  lawful  to  fix  a  site  for,  or  vote  tax  for,  when 60 

Private  school  may  be  taught  in 72 

SCHOOL  LAWS  : 

State  superintendent  to  publish 20 

SECTARIAN  BOOKS  PROHIBITED :...         77 

SIXTEENTH  SECTIONS 12,  91,  92,  93,  94,  96 

SPECIAL  SCHOOL  DISTRICT 81  et  seq' 

STUDIES  : 

Report  of 6 1 

SUITS  AT  LAW: 

Direcrors  duties 59 

STATISTICS 19 

STATE    SUPERINTENDENT  OF  PUBLIC  INSTRUCTION  : 

Duties  of  with  reference  to  common  school   fund 14,  17,  18 

Apportionment  by 19,  21 

General  duties  of 13  et  seq. 

To  publish  laws  and  render  decisions  .  .  .  . , 20 

Vacancy  in  office 21 

Not  to  act  as  agent 21 

To  grant  state  certificats 21 

To  recommend  books,  etc 22>  55 

Must  examine  county  examiner 32 

SUPERVISION  OF  PUBLIC  SCHOOLS: 

To  whom  confined 15,  1 6 

STATE  LANDS,  TEN  PER  CENT  OF  SALES 1 1,  120 

SUSPENSION  : 

Power  of 63 

T 

TAXATION  FOR  SCHOOLS 9, 10,  u,  46,  47 

For  normal  and  high  schools 1 1 

TEACHERS'  INSTITUTES 23,  76 

TEACHERS : 

Assistants  must  hold  license 53>  75 

Assistants  must  have  contract 53 

Cannot  suspend  pupils 63 


INDEX.  XI 

TEACHERS—  Continued. 

Causes  for  revocation  of  license 36,  37 

Certificates,  grades  of. 21,  37 

Certificates  cannot  be  renewed 38 

Certificates,  valid,  for  how  long 38 

Certificates  expiring  while  teaching,  effect  of 73»  74 

Characteristics  of  good  teachers 34,  35 

Examination  of 35 

License  expiring  while  teaching,  effect  of 73»  74 

May  have  license  revoked 36,  37 

Moral  character  of 36 

Must  pay  fees  to  county  treasurer 32 

Must  contract  with  directors 52,  53,  54,  75 

Must  hold  license 52,  73,  75 

Must  use  register 55»  75>  75 

Must  be  reported  by  directors 6 1 

Must  report  infraction  of  rules 63 

Must  ba  examined : .  .  .  .   35 ,  36 

Must  believe  in  a  supreme  being 36 

Must  teach  common  school  branches 37 

Must  be  re-examined,  when 3g 

Must  attend  county  institutes 76 

Must  not  permit  sectarian  teaching 77 

Must  not  be  charged  for  loss  of  time,  when 76 

Penalty  for  failure  to  report 77 

Penalty  for  teaching  without  license.  ...          73,  74,  75 

Power  as  to  rules 65  ,66,  67 

Power  as  to  corporal  punishment 66 

Superintendent  must  hold  license  when 54,  73,  75 

Superintendent  must  have  contract 54,  75 

What  teachers  must  report 55 

With  certain  vices,  may  not  teach 36 

Wages,  how  affected  by  revocation 37 

Removal  of 37»  87 

TEXT  BOOKS  : 

State  superintendent  to  prepare   list  of 22 

Directors  to  adopt .•  .  .  .    55»  86 

TAXES  : 

How  voted  and  levied 13,  43,  46,  47 

How  collected 13,  47,  71,  72,  73 

TREASURER: 

State , 22,  36,  120 

County 22,  36,  78,  79,  80 


Xll  INDEX. 

TREASURER—  Continued. 

Orders  of  directors  upon 59,  74 

Duties  as  to  funds  of  transferred  children 71,  121,  122 

Commission  on  school  fund 102 

TRANSFERS  : 

General  power 25,  70,  121,  122 

Colored  children,  ten  or  less 71 

White  children,  ten  or  less 71 

Taxes  of ^ 72,  121 

Rights  of 72 

TRESPASS 78 

U 
UNIVERSITY  : 

Power  to  support  by  taxation 1 1 

V 

VACANCIES: 

In  office  of  Superintendent  of  Public  Instruction    21 

In  office  of  examiner 41 

In  office  of  director 49,  83 

VISITATION  : 

Of  directors 55,  56 

In  separate  districts 86,  90 

VIOLATIONS  OF  SCHOOL  LAW 80 

WARRANTS 59,  78,  88 

Statutes  of  limitation  run  against 59 


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